North Dakota: Final Authorization of State Hazardous Waste Management Program Revision, 63426-63430 [2022-22715]
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TABLE 1 TO § 111.3—DOMESTIC MAIL MANUAL
Transmittal letter for issue
Dated
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July 10, 2022 ................................. [INSERT Federal Register CITATION FOR THIS FINAL RULE].
Sarah E. Sullivan,
Attorney, Ethics and Legal Compliance.
publication and responding to
comments.
[FR Doc. 2022–22491 Filed 10–18–22; 8:45 am]
ADDRESSES:
Submit your comments by
one of the following methods:
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R08–RCRA–2022–0485; FRL 9896–
02–R8]
North Dakota: Final Authorization of
State Hazardous Waste Management
Program Revision
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The State of North Dakota
Department of Environmental Quality
(NDDEQ) has applied to the
Environmental Protection Agency (EPA)
for final authorization of certain changes
to its hazardous waste program under
the Resource Conservation and
Recovery Act (RCRA). The EPA has
reviewed North Dakota’s application
and determined that North Dakota’s
hazardous waste program revision
satisfies all of the requirements
necessary to qualify for final
authorization. EPA is authorizing the
State program revision through this
direct final rule. EPA is publishing this
rule without prior proposal because the
Agency views this as a noncontroversial
action and does not anticipate adverse
comments. However, in the proposed
rules section of this issue of the Federal
Register, EPA is publishing a separate
document that will serve as a proposal
to authorize the revision should the
Agency receive adverse comment.
Unless EPA receives adverse written
comments during the review and
comment period, the decision to
authorize North Dakota’s hazardous
waste program revision will take effect
as provided below.
DATES: This final rule is effective on
December 19, 2022 unless EPA receives
adverse written comment by November
18, 2022. Should EPA receive such
comments, it will publish a timely
document by either: withdrawing the
direct final publication or affirming the
SUMMARY:
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• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Email: lin.moye@epa.gov.
• Fax: (303) 312–6341 (prior to
faxing, please notify the EPA contact
listed below).
• Mail, Hand Delivery or Courier:
Moye Lin, Resource Conservation and
Recovery Act Branch, EPA Region 8,
Mail Code 8LCR–RC, 1595 Wynkoop
Street, Denver, Colorado 80202–1129.
Courier or hand deliveries are only
accepted during the Regional Office’s
normal hours of operation. The public is
advised to call in advance to verify
business hours. Special arrangements
should be made for deliveries of boxed
information.
Instructions: EPA must receive your
comments by November 18, 2022. Direct
your comments to EPA–R08–RCRA–
2022–0485; FR 9896–02–R8. The EPA’s
policy is that all comments received
will be included in the public docket
without change and may be made
available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
where disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or email. The
Federal website https://
www.regulations.gov is an ‘‘anonymous
access’’ system, which means EPA will
not know your identity or contact
information unless you provide it in the
body of your comment. If you send an
email comment directly to EPA without
going through https://
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
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the body of your comment. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption and be free of any defects or
viruses.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information where disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available electronically
through https://www.regulations.gov.
For alternative access to docket
materials, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Moye Lin, Land, Chemicals and
Redevelopment Division, EPA Region 8,
1595 Wynkoop Street, Denver, Colorado
80202–1129; phone number (303) 312–
6667; Email address: lin.moye@epa.gov.
SUPPLEMENTARY INFORMATION:
A. Why are revisions to State programs
necessary?
States which have received Final
authorization from EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must
maintain a hazardous waste program
that is equivalent to, consistent with,
and no less stringent than the Federal
program. As the Federal program
changes, States must change their
programs and ask EPA to authorize the
changes. Changes to State programs may
be necessary when Federal or State
statutory or regulatory authority is
modified or when certain other changes
occur. Most commonly, States must
change their programs because of
changes to EPA’s regulations in 40 Code
of Federal Regulations (CFR) parts 124,
260 through 268, 270, 273 and 279.
B. What decisions has EPA made in this
rule?
On October 29, 2021, the State of
North Dakota submitted a final complete
program revision application seeking
authorization of changes to its
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hazardous waste program that
correspond to certain Federal rules
promulgated between July 1, 2016
through June 30, 2020, which includes
RCRA Cluster XXV through RCRA
Cluster XXVIII (Revision Checklists 236,
237, 238, 239, 240, and 242), as well as
State-initiated changes to the State’s
previously authorized program. The
EPA has reviewed North Dakota’s
application to revise its authorized
program and concludes that it meets all
of the statutory and regulatory
requirements established by RCRA,
except for the final rule addressed by
Revision Checklist 241 (Management
Standards for Hazardous Waste
Pharmaceuticals and Amendment to the
P075 Listing for Nicotine) (84 FR 5816,
February 22, 2019). EPA cannot
authorize North Dakota for Revision
Checklist 241 because the State has not
correctly adopted the Federal changes
addressed by this final rule. Therefore,
we grant North Dakota final
authorization to operate its hazardous
waste program with the changes
described in the authorization
application with the exception of
Revision Checklist 241.
The State of North Dakota will
continue to have responsibility for
permitting treatment, storage and
disposal facilities (TSDFs) within its
borders (except in Indian country) and
for carrying out the aspects of the RCRA
program described in its revised
program application, subject to the
limitations of the Hazardous and Solid
Waste Amendments of 1984 (HSWA).
New Federal requirements and
prohibitions imposed by Federal
regulations that EPA promulgates under
the authority of HSWA take effect in
authorized States before they are
authorized for the requirements. Thus,
the EPA will implement those
requirements and prohibitions in the
State of North Dakota, including issuing
permits, until the State is granted
authorization to do so.
C. What is the effect of this
authorization decision?
If the State of North Dakota is
authorized for these changes, a facility
in North Dakota subject to RCRA will
now have to comply with the authorized
State requirements instead of the
equivalent Federal requirements in
order to comply with RCRA.
Additionally, such facilities will have to
comply with any applicable Federal
requirements such as, for example,
HSWA regulations issued by the EPA
for which the State has not received
authorization. The State of North Dakota
will continue to have enforcement
responsibilities under its State
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hazardous waste program for violations
of such program, but the EPA retains its
authority under RCRA sections 3007,
3008, 3013 and 7003, which include,
among others, authority to:
• Conduct inspections and require
monitoring, tests, analyses, or reports;
• Enforce RCRA requirements and
suspend or revoke permits, and
• Take enforcement actions after
notice to and consultation with the
State.
The action to approve these
provisions would not impose additional
requirements on the regulated
community because the regulations for
which the State of North Dakota is
requesting authorization are already
effective under State law and are not
changed by the act of authorization.
D. For what has North Dakota
previously been authorized?
North Dakota initially received final
authorization on October 5, 1984,
effective October 19, 1984 (49 FR 39328)
to implement the RCRA hazardous
waste management program. We granted
authorization for changes to their
program on: June 25, 1990, effective
August 24, 1990 (55 FR 25836); May 4,
1992, effective July 6, 1992 (57 FR
19087); April 7, 1994, effective June 6,
1994 (59 FR 16566); January 19, 2000,
effective March 20, 2000 (65 FR 02897);
September 26, 2005, effective November
25, 2005 (70 FR 56132), February 14,
2008, effective April 14, 2008 (73 FR
8610), October 30, 2018, effective
October 30, 2018 (83 FR 64521) and
December 19, 2018, effective April 30,
2019 (83 FR 65101, as revised on March
7, 2019, 84 FR 8260).
The EPA incorporated by reference
into the Code of Federal Regulations the
authorized North Dakota RCRA program
on: February 14, 2008, effective April
14, 2008 (73 FR 8610); October 30, 2018,
effective October 30, 2018 (83 FR
54521), and December 12, 2019,
effective January 13, 2020 (84 FR
67875).
E. What changes is the EPA authorizing
with this action?
On October 29, 2021, the State of
North Dakota submitted a final complete
program revision application, seeking
authorization of their changes in
accordance with 40 CFR 271.21. We
have determined that the North Dakota
Department of Environmental Quality’s
(NDDEQ’s) hazardous waste program
revision satisfies all of the requirements
necessary to qualify for final
authorization. We now make a Final
decision, subject to receipt of written
comments that oppose this action, that
North Dakota’s hazardous waste
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program satisfies all of the requirements
necessary to qualify for final
authorization. The NDDEQ revisions
consist of regulations which specifically
govern Federal hazardous waste
revisions promulgated between July 1,
2016 through June 30, 2020 (RCRA
Clusters XXV through RCRA Cluster
XXVIII), as well as State-initiated
changes to the State’s previously
authorized program. The North Dakota
provisions are from the North Dakota
Administrative Code (N.D.A.C.) Article
33.1–24, Hazardous Waste Management
Rules, as amended effective through
July 1, 2021. We have determined that
North Dakota’s hazardous waste
program revision satisfies all of the
requirements necessary to qualify for
Final authorization. Therefore, we grant
North Dakota DEQ final authorization
for the following changes:
1. Program Revision Changes for Federal
Rules
North Dakota seeks authority to
administer the Federal requirements
that are listed below (the Federal rule
citation is followed by the analogs from
the North Dakota Administrative Code
(NDAC), Article 33.1–24, as revised July
1, 2021):
Import and Exports of Hazardous
Waste (81 FR 85696, November 28,
2016; 82 FR 41015, August 29, 2017;
and 83 FR 38263, August 6, 2018)
(Checklist 236)/33.1–24–01–04 ‘‘AES
filing compliance date,’’ 33.1–24–01–04
‘‘Electronic import-export reporting
compliance date’’, 33.1–24–01–04
‘‘Recognized trader’’, 33.1–24–01–05(7)
introductory paragraph, 33.1–24–01–
05(7)(a), 33.1–24–01–05(7)(b)
[Reserved], 33.1–24–02–04(4)(a), 33.1–
24–02–04(4)(d), 33.1–24–02–04(5)(a),
33.1–24–02–04(5)(d), 33.1–24–02–
06(1)(c)(1), 33.1–24–02–06(1)(e), 33.1–
24–02–25(1)(e)(2), 33.1–24–02–
25(1)(e)(5) introductory paragraph,
33.1–24–02–25(1)(e)(5)(a)–(c)(7), 33.1–
24–02–25(1)(e)(6), 33.1–24–02–
25(1)(e)(9)–(10), 33.1–24–03–01(5),
33.1–24–03–03(5), 33.1–24–03–14(3),
33.1–24–03–17 [Repealed], 33.1–24–03–
18 [Repealed], 33.1–24–03–19
[Repealed], 33.1–24–03–20 [Repealed],
33.1–24–03–21 [Repealed], 33.1–24–03–
22 [Repealed], 33.1–24–03–23
[Repealed], 33.1–24–03–24 [Repealed],
33.1–24–03–25 [Repealed], 33.1–24–03–
30 [Repealed], 33.1–24–03–50(1)–(2),
33.1–24–03–51, 33.1–24–03–52, 33.1–
24–03–53(1), 33.1–24–03–53(2)(a)
introductory paragraph, 33.1–24–03–
53(2)(a)(1)–(13), 33.1–24–03–53(2)(b)–
(c), 33.1–24–03–53(2)(d), 33.1–24–03–
53(2)(e)–(f), 33.1–24–03–53(2)(g), 33.1–
24–03–53(2)(h), 33.1–24–03–53(3)–
(4)(b)(14), 33.1–24–03–53(4)(b)(15),
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33.1–24–03–53(5), 33.1–24–03–53(6)(a)–
(c) introductory paragraph, 33.1–24–03–
53(6)(c)(1), 33.1–24–03–53(c)(2), 33.1–
24–03–53(6)(d)–(e), 33.1–24–03–53(6)(f)
introductory paragraph–(f)(1), 33.1–24–
03–53(6)(f)(2), 33.1–24–03–53(6)(g)–(i),
33.1–24–03–53(7)–(9), 33.1–24–03–55
[Removed and replaced], 33.1–24–03–56
[Repealed], 33.1–24–03–57 [Repealed],
33.1–24–03–59 [Repealed], 33.1–24–04–
01(4) introductory paragraph, 33.1–24–
04–04(1)(b), 33.1–24–04–04(3), 33.1–24–
04–04(5)(b), 33.1–24–04–04(6)(b) and
Note, 33.1–24–04–04(7), 33.1–24–05–
03(1), 33.1–24–05–38(1)(c), 33.1–24–05–
230(2), 33.1–24–05–235 Table (a)(6)–
(10), 33.1–24–05–720, 33.1–24–05–
739(1)–(2), 33.1–24–05–740, 33.1–24–
05–756, 33.1–24–05–762(1), 33.1–24–
05–770 introductory paragraph–(3),
33.1–24–05–770(4) [Removed], 33.1–24–
05–1011(1)(d)–(f), 33.1–24–05–1011(4),
33.1–24–06–16(5);
Hazardous Waste Generator
Improvements Rule (81 FR 86732,
November 28, 2016) (Checklist 237)/
33.1–24–01–04(5) ‘‘Acute hazardous
waste,’’ 33.1–24–01–04(23) ‘‘Central
accumulation area,’’ 33.1–24–01–04(90)
‘‘Large quantity generator,’’ 33.1–24–01–
04(107) ‘‘Non-acute hazardous waste,’’
33.1–24–01–04(134) ‘‘Small quantity
generator,’’ 33.1–24–01–04(167) ‘‘Very
small quantity generator,’’ 33.1–24–01–
05(4)(a), 33.1–24–02–01(1) introductory
paragraph–(1)(a), 33.1–24–02–01(3)(f),
33.1–24–02–04(1)(g), 33.1–24–02–05
[Repealed], 33.1–24–02–06(3)(b)(4),
33.1–24–02–18(5) introductory
paragraph, 33.1–24–02–18(6)
introductory paragraph, 33.1–24–02–
129(7), 33.1–24–03–01(1) introductory
paragraph–(b)(3), 33.1–24–03–
01(1)(b)(4), 33.1–24–03–01(1)(b)(5)–
(c)(3), 33.1–24–03–01(1)(c)(4), 33.1–24–
03–01(1)(c)(5)–(5), 33.1–24–03–01(11),
33.1–24–03–02, 33.1–24–03–03(1)–(5),
33.1–24–03–03(13), 33.1–24–03–03(14),
33.1–24–03–10(2)–(4), 33.1–24–03–14,
33.1–24–03–16, 33.1–24–03–26, 33.1–
24–03–27, 33.1–24–03–28, 33.1–24–03–
29, 33.1–24–03–34, 33.1–24–03–61(1)
‘‘Central accumulation area’’ [Removed],
33.1–24–03–61(11) ‘‘Trained
professional,’’ 33.1–24–03–62(1)–(2),
33.1–24–03–63(1)–(2), 33.1–24–03–
64(1), 33.1–24–03–64 (2)(b), 33.1–24–
03–65, 33.1–24–03–69(1)(a)–(b), 33.1–
24–03–69(4)(b), 33.1–24–03–70(2), 33.1–
24–03–71(4)(b), 33.1–24–03–72(3)–(4),
33.1–24–03–72(5)(c), 33.1–24–03–
74(1)(a)–(c), 33.1–24–03–74(2)(b), 33.1–
24–03–75(2)(e), 33.1–24–03–77(1)–(2),
33.1–24–04–03, 33.1–24–05–01(6),
33.1–24–05–01(6)(c), 33.1–24–05–
06(2)(d), 33.1–24–05–15, 33.1–24–05–
16, 33.1–24–05–17, 33.1–24–05–18,
33.1–24–05–19, 33.1–24–05–20, 33.1–
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24–05–26, 33.1–24–05–27, 33.1–24–05–
28, 33.1–24–05–29 introductory
paragraph, 33.1–24–05–29(2)–(3), 33.1–
24–05–31, 3.1–24–05–32, 33.1–24–05–
38(3), 33.1–24–05–42, 33.1–24–05–89,
33.1–24–05–93, 33.1–24–05–104(1),
33.1–24–05–183(1), 33.1–24–05–
250(5)(a), 33.1–24–05–56(1)(e), 33.1–24–
05–290(1)(a), 33.1–24–05–290(1)(b)(1),
33.1–24–05–400(2)(b)–(c), 33.1–24–05–
476(3)(d), 33.1–24–05–610(2)(c), 33.1–
24–05–708(1)(b), 33.1–24–05–781(2),
33.1–24–05–875(1), 33.1–24–05–
1011(3), 33.1–24–06–16(5);
Confidentiality Determinations for
Hazardous Waste Export and Import
Document (82 FR 60894, December 26,
2017) (Checklist 238)/33.1–24–01–16
introductory paragraph, 33.1–24–01–
16(2)(c), 33.1–24–02–25(1)(e)(4), 33.1–
24–03–53(2)(e), 33.1–24–03–53(6)(i),
33.1–24–03–55(2)(d), 33.1–24–03–
55(6)(h);
Hazardous Waste Electronic Manifest
User Fee Rule (83 FR 420, January 3,
2018) (Checklist 239)/33.1–24–03–
04(7)(a)–(d), 33.1–24–03–04(8), 33.1–
24–03–04(1)–(1)(a), 33.1–24–03–
05(6)(e)–(h), 33.1–24–03–07(8)(c), 33.1–
24–03–07(8)(e), 33.1–24–03–07(8)(g),
33.1–24–04–04(1)(h), 33.1–24–04–05,
33.1–24–05–38(1)(b) introductory
paragraph, 33.1–24–05–38(1)(b)(1)–(6),
33.1–24–05–38(10), 33.1–24–05–38(12),
33.1–24–05–456(3)(d)(1), 33.1–24–05–
45, 33.1–24–06–16(5);
Safe Management of Recalled Airbags
(83 FR 61552, November 30, 2018)
(Checklist 240)/33.1–24–01–04(8)
‘‘Airbag waste’’, 33.1–24–01–04(9)
‘‘Airbag waste collection facility’’, 33.1–
24–01–04(10) ‘‘Airbag waste handler’’,
33.1–24–02–04(10);
Universal Waste Regulations:
Addition of Aerosol Cans (84 FR 67202,
December 9, 2019) (Checklist 242)/33.1–
24–01–04(161) ‘‘Universal waste’’ (c)–
(e), 33.1–24–01–04(162) ‘‘Universal
waste handler’’ (b)(1), 33.1–24–05–
701(1)(c)–(e), 33.1–24–05–01(6)(j)(3)–
(5), 33.1–24–06–16(5), 33.1–24–05–
250(6)(c)–(e), 33.1–24–05–703(2)(b),
33.1–24–05–706, 33.1–24–05–709(4)
‘‘Large quantity handler of universal
waste,’’ 33.1–24–01–04(117) ‘‘Pesticide’’
(a)–(c), 33.1–24–05–709(1) ‘‘Aerosol
can,’’ 33.1–24–05–709(5) ‘‘Small
quantity handler of universal waste,’’
33.1–24–05–713(3)(b)(3)–(4), 33.1–24–
05–713(5)–(6), 33.1–24–05–732(2)(d),
33.1–24–05–733(3)(b)(3)–(6).
2. State-Initiated Changes
North Dakota has made amendments
to its regulations that are not directly
related to any of the Federal rules
addressed in Item E.1 above. These
State-initiated changes are either
conforming changes made to existing
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authorized provisions or the adoption of
provisions that clarify and make the
State’s regulations internally consistent.
The State’s regulations, as amended by
these provisions, provide authority
which remains equivalent to and no less
stringent than the Federal laws and
regulations. These State-initiated
changes are submitted under the
requirements of 40 CFR 271.21(a) and
include the following provisions from
the North Dakota Administrative Code
(NDAC), Article 33.1–24, as revised July
1, 2021: 33.1–24–01–05(1), and 33.1–
24–05–42 introductory paragraph
[analogs to 40 CFR 260.11(a) and 264.75
introductory paragraph, respectively].
The State-initiated changes also
include a conforming change to an
internal reference at the following
citation: 33.1–24–02–04(5)(a) [analog to
40 CFR 261.4(e)(1)].
F. Where are the revised State rules
different from the Federal rules?
When revised State rules differ from
the Federal rules in the RCRA State
authorization process, EPA determines
whether the State rules are equivalent
to, more stringent than, or broader in
scope than the Federal program.
Pursuant to RCRA section 3009, 42
U.S.C. 6929, State programs may
contain requirements that are more
stringent than the Federal regulations.
Such more stringent requirements can
be federally authorized and, once
authorized, become federally
enforceable. Although the statute does
not prevent States from adopting
regulations that are broader in scope
than the Federal program, States cannot
receive Federal authorization for such
regulations, and they are not federally
enforceable.
We consider the following State
requirements to be more stringent than
the Federal requirements: 33.1–24–02–
25(1)(e)(6) [analog to 40 CFR
261.39(a)(5)(vi)], 33.1–24–03–53(2)(a)
introductory paragraph [analog to 40
CFR 262.83(b)(1) introductory
paragraph], 33.1–24–03–53(2)(d) [analog
to 40 CFR 262.83(b)(4)], 33.1–24–03–
53(2)(g) [analog to 40 CFR 262.83(b)(7)],
33.1–24–03–53(4)(b)(15) [analog to 40
CFR 262.83(d)(2)(xv)], 33.1–24–03–53(5)
[analog to 40 CFR 262.83(e)], 33.1–24–
03–53(6)(c)(1) [analog to 40 CFR
262.83(f)(3)(i)], 33.1–24–03–53(6)(d)
[analog to 40 CFR 262.83(f)(4)], 33.1–
24–03–53(6)(e) [analog to 40 CFR
262.83(f)(5)], and 33.1–24–03–53(6)(f)(2)
[analog to 40 CFR 262.83(f)(6)(ii)],
because North Dakota requires
documentation such as manifests be
submitted to the State in addition to the
EPA; 33.1–24–03–14 [in lieu of analogs
to 40 CFR 262.18, 262.41, 262.44],
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because North Dakota subjects both
small and large quantity generators to
the biennial reporting requirements
where the Federal allows small quantity
generators to comply with the less
frequent re-notification requirements;
and 33.1–24–03–69(1)(a) and (1)(b)
[analogs to 40 CFR 262.208(a)(1) and
(a)(2)], because North Dakota requires
academic labs to remove containers of
unwanted material in an interval not to
exceed six months rather than 12 as in
the Federal program.
There are no requirements that are
broader in scope than the Federal
program in these revisions.
G. Who handles permits after the
authorization takes effect?
The State of North Dakota will
continue to issue permits for all the
provisions for which it is authorized
and will administer the permits it
issues. The EPA will continue to
administer any RCRA hazardous waste
permits or portions of permits which we
issued prior to the effective date of this
authorization. EPA will continue to
implement and issue permits for HSWA
requirements for which North Dakota is
not yet authorized.
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H. How does today’s action affect
Indian country (18 U.S.C. 1151) in
North Dakota?
North Dakota is not authorized to
carry out its hazardous waste program
in Indian country, as defined in 18
U.S.C. 1151. This includes, but is not
limited to:
1. Lands within the exterior boundaries
of the following Indian Reservations
located within or abutting the State
of North Dakota:
a. Fort Totten Indian Reservation
b. Fort Berthold Indian Reservation
c. Standing Rock Indian Reservation
d. Turtle Mountain Indian Reservation
2. Any land held in trust by the U.S. for
an Indian tribe, and
3. Any other land, whether on or off a
reservation, that qualifies as Indian
country within the meaning of 18
U.S.C. 1151.
Therefore, this program revision does
not extend to Indian country where EPA
will continue to implement and
administer the RCRA program in these
lands.
I. What is codification and is the EPA
codifying North Dakota’s hazardous
waste program as authorized in this
rule?
Codification is the process of placing
the State’s statutes and regulations that
comprise the State’s authorized
hazardous waste program into the CFR.
We do this by referencing the
VerDate Sep<11>2014
16:30 Oct 18, 2022
Jkt 259001
authorized State rules in 40 CFR part
272. We reserve the amendment of 40
CFR part 272, subpart JJ for this
authorization of North Dakota’s program
changes until a later date. In this
authorization application the EPA is not
codifying the rules documented in this
Federal Register document.
J. Administrative Requirements
The Office of Management and Budget
(OMB) has exempted this action (RCRA
State Authorization) from the
requirements of Executive Orders 12866
(58 FR 51735, October 4, 1993) and
13563 (76 FR 3821, January 21, 2011).
Therefore, this action is not subject to
review by OMB. This action authorizes
State requirements for the purpose of
RCRA 3006, and imposes no additional
requirements beyond those imposed by
State law. Accordingly, this action will
not have a significant economic impact
on a substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). Because this action
authorizes preexisting requirements
under State law and does not impose
any additional enforceable duty beyond
that required by State law, it does not
contain any unfunded mandate or
significantly or uniquely affect small
governments, as described in the
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4). For the same reason,
this action also does not significantly or
uniquely affect the communities of
Tribal governments, as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000). This action will not
have substantial direct effects on the
States, on the relationship between the
national government and the States, or
on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999), because it merely
serves to authorize 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 direct final
rule is not subject to Executive Order
13211, ‘‘Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355 (May
22, 2001)) because it is not a significant
regulatory action under Executive Order
12866.
Under RCRA 3006(b), the EPA grants
a State’s application for authorization as
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
63429
long as the State meets the criteria
required by RCRA. It would thus be
inconsistent with applicable law for the
EPA, when it reviews a State
authorization application; to require the
use of any particular voluntary
consensus standard in place of another
standard that otherwise satisfies the
requirements of RCRA. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. As required by
section 3 of Executive Order 12988 (61
FR 4729, February 7, 1996), in issuing
this rule, the EPA has taken the
necessary steps to eliminate drafting
errors and ambiguity, minimize
potential litigation, and provide a clear
legal standard for affected conduct. The
EPA has complied with Executive Order
12630 (53 FR 8859, March 15, 1988) by
examining the takings implications of
the rule in accordance with the
‘‘Attorney General’s Supplemental
Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated
Takings’’ issued under the Executive
Order. This rule does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
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 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.
List of Subjects in 40 CFR Parts 271
Environmental protection,
Administrative practice and procedure,
Confidential business information,
Hazardous waste, Hazardous waste
transportation, Indian lands,
Incorporation by reference,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements.
Authority: This action is issued under the
authority of sections 2002(a), 3006, and
E:\FR\FM\19OCR1.SGM
19OCR1
63430
Federal Register / Vol. 87, No. 201 / Wednesday, October 19, 2022 / Rules and Regulations
7004(b) of the Solid Waste Disposal Act as
amended 42 U.S.C. 6912(a), 6926, 6974(b).
Dated: October 11, 2022.
KC Becker,
Regional Administrator, Region 8.
[FR Doc. 2022–22715 Filed 10–18–22; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 220216–0049; RTID 0648–
XC473]
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod by
Catcher Vessels Using Trawl Gear in
the Central Regulatory Area of the Gulf
of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; modification of
a closure; request for comments.
AGENCY:
NMFS is opening directed
fishing for Pacific cod by catcher vessels
using trawl gear in the Central
Regulatory Area of the Gulf of Alaska
(GOA). This action is necessary to fully
use the 2022 total allowable catch of
Pacific cod allocated to catcher vessels
using trawl gear in the Central
Regulatory Area of the GOA.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), October 17, 2022,
through 2400 hours, A.l.t., December 31,
2022. Comments must be received at the
following address no later than 4:30
p.m., A.l.t., November 3, 2022.
ADDRESSES: You may submit comments
on this document, identified by docket
number NOAA–NMFS–2021–0097, by
any of the following methods:
Electronic Submission: Submit all
electronic public comments via the
Federal e- Rulemaking Portal. Go to
https://www.regulations.gov and enter
NOAA–NMFS–2021–0097 in the Search
box. Click on the ‘‘Comment’’ icon,
complete the required fields, and enter
or attach your comments.
jspears on DSK121TN23PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:30 Oct 18, 2022
Jkt 259001
Mail: Submit written comments to
Josh Keaton, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region NMFS. Mail
comments to P.O. Box 21668, Juneau,
AK 99802–1668.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
FOR FURTHER INFORMATION CONTACT:
Obren Davis, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
NMFS closed directed fishing for
Pacific cod by catcher vessels using
trawl gear in the Central Regulatory
Area of the GOA on September 1, 2022.
NMFS has determined that as of October
13, 2022, approximately 2,000 metric
tons of Pacific cod remain in the 2022
Pacific cod apportionment for catcher
vessels using trawl gear in the Central
Regulatory Area of the GOA. Therefore,
in accordance with § 679.25(a)(1)(i),
(a)(2)(i)(C), and (a)(2)(iii)(D), and to fully
use the 2022 total allowable catch (TAC)
of Pacific cod allocated to catcher
vessels using trawl gear in the Central
Regulatory Area of the GOA, NMFS is
terminating the previous closure and is
opening directed fishing for Pacific cod
by catcher vessels using trawl gear in
the Central Regulatory Area of the GOA.
The Administrator, Alaska Region,
PO 00000
Frm 00030
Fmt 4700
Sfmt 9990
NMFS, (Regional Administrator)
considered the following factors in
reaching this decision: (1) the current
catch of Pacific cod by catcher vessels
using trawl gear in the Central
Regulatory Area of the GOA and, (2) the
harvest capacity and stated intent on
future harvesting patterns of vessels in
participating in this fishery.
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act. This action is required by 50 CFR
part 679, which was issued pursuant to
section 304(b), and is exempt from
review under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), there
is good cause to waive prior notice and
an opportunity for public comment on
this action, as notice and comment
would be impracticable and contrary to
the public interest, as it would prevent
NMFS from responding to the most
recent fisheries data in a timely fashion
and would delay the opening of directed
fishing for Pacific cod by catcher vessels
using trawl gear in the Central
Regulatory Area of the GOA. NMFS was
unable to publish a notice providing
time for public comment because the
most recent, relevant data only became
available as of October 13, 2022.
The Assistant Administrator for
Fisheries, NOAA also finds good cause
to waive the 30-day delay in the
effective date of this action under 5
U.S.C. 553(d)(3). This finding is based
upon the reasons provided above for
waiver of prior notice.
Without this inseason adjustment,
NMFS could not allow the fishery for
Pacific cod by catcher vessels catcher
vessels using trawl gear in the Central
Regulatory Area of the GOA to be
harvested in an expedient manner and
in accordance with the regulatory
schedule. Under § 679.25(c)(2),
interested persons are invited to submit
written comments on this action to the
above address until November 3, 2022.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 14, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2022–22717 Filed 10–14–22; 4:15 pm]
BILLING CODE 3510–22–P
E:\FR\FM\19OCR1.SGM
19OCR1
]]>Agencies
[Federal Register Volume 87, Number 201 (Wednesday, October 19, 2022)]
[Rules and Regulations]
[Pages 63426-63430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22715]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R08-RCRA-2022-0485; FRL 9896-02-R8]
North Dakota: Final Authorization of State Hazardous Waste
Management Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The State of North Dakota Department of Environmental Quality
(NDDEQ) has applied to the Environmental Protection Agency (EPA) for
final authorization of certain changes to its hazardous waste program
under the Resource Conservation and Recovery Act (RCRA). The EPA has
reviewed North Dakota's application and determined that North Dakota's
hazardous waste program revision satisfies all of the requirements
necessary to qualify for final authorization. EPA is authorizing the
State program revision through this direct final rule. EPA is
publishing this rule without prior proposal because the Agency views
this as a noncontroversial action and does not anticipate adverse
comments. However, in the proposed rules section of this issue of the
Federal Register, EPA is publishing a separate document that will serve
as a proposal to authorize the revision should the Agency receive
adverse comment. Unless EPA receives adverse written comments during
the review and comment period, the decision to authorize North Dakota's
hazardous waste program revision will take effect as provided below.
DATES: This final rule is effective on December 19, 2022 unless EPA
receives adverse written comment by November 18, 2022. Should EPA
receive such comments, it will publish a timely document by either:
withdrawing the direct final publication or affirming the publication
and responding to comments.
ADDRESSES: Submit your comments by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments.
Email: [email protected].
Fax: (303) 312-6341 (prior to faxing, please notify the
EPA contact listed below).
Mail, Hand Delivery or Courier: Moye Lin, Resource
Conservation and Recovery Act Branch, EPA Region 8, Mail Code 8LCR-RC,
1595 Wynkoop Street, Denver, Colorado 80202-1129. Courier or hand
deliveries are only accepted during the Regional Office's normal hours
of operation. The public is advised to call in advance to verify
business hours. Special arrangements should be made for deliveries of
boxed information.
Instructions: EPA must receive your comments by November 18, 2022.
Direct your comments to EPA-R08-RCRA-2022-0485; FR 9896-02-R8. The
EPA's policy is that all comments received will be included in the
public docket without change and may be made available online at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information where
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through https://www.regulations.gov or email. The Federal website https://www.regulations.gov is an ``anonymous access'' system, which means EPA
will not know your identity or contact information unless you provide
it in the body of your comment. If you send an email comment directly
to EPA without going through https://www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption and be free of any defects or
viruses.
Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
where disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available electronically
through https://www.regulations.gov. For alternative access to docket
materials, please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Moye Lin, Land, Chemicals and
Redevelopment Division, EPA Region 8, 1595 Wynkoop Street, Denver,
Colorado 80202-1129; phone number (303) 312-6667; Email address:
[email protected].
SUPPLEMENTARY INFORMATION:
A. Why are revisions to State programs necessary?
States which have received Final authorization from EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste
program that is equivalent to, consistent with, and no less stringent
than the Federal program. As the Federal program changes, States must
change their programs and ask EPA to authorize the changes. Changes to
State programs may be necessary when Federal or State statutory or
regulatory authority is modified or when certain other changes occur.
Most commonly, States must change their programs because of changes to
EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124,
260 through 268, 270, 273 and 279.
B. What decisions has EPA made in this rule?
On October 29, 2021, the State of North Dakota submitted a final
complete program revision application seeking authorization of changes
to its
[[Page 63427]]
hazardous waste program that correspond to certain Federal rules
promulgated between July 1, 2016 through June 30, 2020, which includes
RCRA Cluster XXV through RCRA Cluster XXVIII (Revision Checklists 236,
237, 238, 239, 240, and 242), as well as State-initiated changes to the
State's previously authorized program. The EPA has reviewed North
Dakota's application to revise its authorized program and concludes
that it meets all of the statutory and regulatory requirements
established by RCRA, except for the final rule addressed by Revision
Checklist 241 (Management Standards for Hazardous Waste Pharmaceuticals
and Amendment to the P075 Listing for Nicotine) (84 FR 5816, February
22, 2019). EPA cannot authorize North Dakota for Revision Checklist 241
because the State has not correctly adopted the Federal changes
addressed by this final rule. Therefore, we grant North Dakota final
authorization to operate its hazardous waste program with the changes
described in the authorization application with the exception of
Revision Checklist 241.
The State of North Dakota will continue to have responsibility for
permitting treatment, storage and disposal facilities (TSDFs) within
its borders (except in Indian country) and for carrying out the aspects
of the RCRA program described in its revised program application,
subject to the limitations of the Hazardous and Solid Waste Amendments
of 1984 (HSWA). New Federal requirements and prohibitions imposed by
Federal regulations that EPA promulgates under the authority of HSWA
take effect in authorized States before they are authorized for the
requirements. Thus, the EPA will implement those requirements and
prohibitions in the State of North Dakota, including issuing permits,
until the State is granted authorization to do so.
C. What is the effect of this authorization decision?
If the State of North Dakota is authorized for these changes, a
facility in North Dakota subject to RCRA will now have to comply with
the authorized State requirements instead of the equivalent Federal
requirements in order to comply with RCRA. Additionally, such
facilities will have to comply with any applicable Federal requirements
such as, for example, HSWA regulations issued by the EPA for which the
State has not received authorization. The State of North Dakota will
continue to have enforcement responsibilities under its State hazardous
waste program for violations of such program, but the EPA retains its
authority under RCRA sections 3007, 3008, 3013 and 7003, which include,
among others, authority to:
Conduct inspections and require monitoring, tests,
analyses, or reports;
Enforce RCRA requirements and suspend or revoke permits,
and
Take enforcement actions after notice to and consultation
with the State.
The action to approve these provisions would not impose additional
requirements on the regulated community because the regulations for
which the State of North Dakota is requesting authorization are already
effective under State law and are not changed by the act of
authorization.
D. For what has North Dakota previously been authorized?
North Dakota initially received final authorization on October 5,
1984, effective October 19, 1984 (49 FR 39328) to implement the RCRA
hazardous waste management program. We granted authorization for
changes to their program on: June 25, 1990, effective August 24, 1990
(55 FR 25836); May 4, 1992, effective July 6, 1992 (57 FR 19087); April
7, 1994, effective June 6, 1994 (59 FR 16566); January 19, 2000,
effective March 20, 2000 (65 FR 02897); September 26, 2005, effective
November 25, 2005 (70 FR 56132), February 14, 2008, effective April 14,
2008 (73 FR 8610), October 30, 2018, effective October 30, 2018 (83 FR
64521) and December 19, 2018, effective April 30, 2019 (83 FR 65101, as
revised on March 7, 2019, 84 FR 8260).
The EPA incorporated by reference into the Code of Federal
Regulations the authorized North Dakota RCRA program on: February 14,
2008, effective April 14, 2008 (73 FR 8610); October 30, 2018,
effective October 30, 2018 (83 FR 54521), and December 12, 2019,
effective January 13, 2020 (84 FR 67875).
E. What changes is the EPA authorizing with this action?
On October 29, 2021, the State of North Dakota submitted a final
complete program revision application, seeking authorization of their
changes in accordance with 40 CFR 271.21. We have determined that the
North Dakota Department of Environmental Quality's (NDDEQ's) hazardous
waste program revision satisfies all of the requirements necessary to
qualify for final authorization. We now make a Final decision, subject
to receipt of written comments that oppose this action, that North
Dakota's hazardous waste program satisfies all of the requirements
necessary to qualify for final authorization. The NDDEQ revisions
consist of regulations which specifically govern Federal hazardous
waste revisions promulgated between July 1, 2016 through June 30, 2020
(RCRA Clusters XXV through RCRA Cluster XXVIII), as well as State-
initiated changes to the State's previously authorized program. The
North Dakota provisions are from the North Dakota Administrative Code
(N.D.A.C.) Article 33.1-24, Hazardous Waste Management Rules, as
amended effective through July 1, 2021. We have determined that North
Dakota's hazardous waste program revision satisfies all of the
requirements necessary to qualify for Final authorization. Therefore,
we grant North Dakota DEQ final authorization for the following
changes:
1. Program Revision Changes for Federal Rules
North Dakota seeks authority to administer the Federal requirements
that are listed below (the Federal rule citation is followed by the
analogs from the North Dakota Administrative Code (NDAC), Article 33.1-
24, as revised July 1, 2021):
Import and Exports of Hazardous Waste (81 FR 85696, November 28,
2016; 82 FR 41015, August 29, 2017; and 83 FR 38263, August 6, 2018)
(Checklist 236)/33.1-24-01-04 ``AES filing compliance date,'' 33.1-24-
01-04 ``Electronic import-export reporting compliance date'', 33.1-24-
01-04 ``Recognized trader'', 33.1-24-01-05(7) introductory paragraph,
33.1-24-01-05(7)(a), 33.1-24-01-05(7)(b) [Reserved], 33.1-24-02-
04(4)(a), 33.1-24-02-04(4)(d), 33.1-24-02-04(5)(a), 33.1-24-02-
04(5)(d), 33.1-24-02-06(1)(c)(1), 33.1-24-02-06(1)(e), 33.1-24-02-
25(1)(e)(2), 33.1-24-02-25(1)(e)(5) introductory paragraph, 33.1-24-02-
25(1)(e)(5)(a)-(c)(7), 33.1-24-02-25(1)(e)(6), 33.1-24-02-25(1)(e)(9)-
(10), 33.1-24-03-01(5), 33.1-24-03-03(5), 33.1-24-03-14(3), 33.1-24-03-
17 [Repealed], 33.1-24-03-18 [Repealed], 33.1-24-03-19 [Repealed],
33.1-24-03-20 [Repealed], 33.1-24-03-21 [Repealed], 33.1-24-03-22
[Repealed], 33.1-24-03-23 [Repealed], 33.1-24-03-24 [Repealed], 33.1-
24-03-25 [Repealed], 33.1-24-03-30 [Repealed], 33.1-24-03-50(1)-(2),
33.1-24-03-51, 33.1-24-03-52, 33.1-24-03-53(1), 33.1-24-03-53(2)(a)
introductory paragraph, 33.1-24-03-53(2)(a)(1)-(13), 33.1-24-03-
53(2)(b)-(c), 33.1-24-03-53(2)(d), 33.1-24-03-53(2)(e)-(f), 33.1-24-03-
53(2)(g), 33.1-24-03-53(2)(h), 33.1-24-03-53(3)-(4)(b)(14), 33.1-24-03-
53(4)(b)(15),
[[Page 63428]]
33.1-24-03-53(5), 33.1-24-03-53(6)(a)-(c) introductory paragraph, 33.1-
24-03-53(6)(c)(1), 33.1-24-03-53(c)(2), 33.1-24-03-53(6)(d)-(e), 33.1-
24-03-53(6)(f) introductory paragraph-(f)(1), 33.1-24-03-53(6)(f)(2),
33.1-24-03-53(6)(g)-(i), 33.1-24-03-53(7)-(9), 33.1-24-03-55 [Removed
and replaced], 33.1-24-03-56 [Repealed], 33.1-24-03-57 [Repealed],
33.1-24-03-59 [Repealed], 33.1-24-04-01(4) introductory paragraph,
33.1-24-04-04(1)(b), 33.1-24-04-04(3), 33.1-24-04-04(5)(b), 33.1-24-04-
04(6)(b) and Note, 33.1-24-04-04(7), 33.1-24-05-03(1), 33.1-24-05-
38(1)(c), 33.1-24-05-230(2), 33.1-24-05-235 Table (a)(6)-(10), 33.1-24-
05-720, 33.1-24-05-739(1)-(2), 33.1-24-05-740, 33.1-24-05-756, 33.1-24-
05-762(1), 33.1-24-05-770 introductory paragraph-(3), 33.1-24-05-770(4)
[Removed], 33.1-24-05-1011(1)(d)-(f), 33.1-24-05-1011(4), 33.1-24-06-
16(5);
Hazardous Waste Generator Improvements Rule (81 FR 86732, November
28, 2016) (Checklist 237)/33.1-24-01-04(5) ``Acute hazardous waste,''
33.1-24-01-04(23) ``Central accumulation area,'' 33.1-24-01-04(90)
``Large quantity generator,'' 33.1-24-01-04(107) ``Non-acute hazardous
waste,'' 33.1-24-01-04(134) ``Small quantity generator,'' 33.1-24-01-
04(167) ``Very small quantity generator,'' 33.1-24-01-05(4)(a), 33.1-
24-02-01(1) introductory paragraph-(1)(a), 33.1-24-02-01(3)(f), 33.1-
24-02-04(1)(g), 33.1-24-02-05 [Repealed], 33.1-24-02-06(3)(b)(4), 33.1-
24-02-18(5) introductory paragraph, 33.1-24-02-18(6) introductory
paragraph, 33.1-24-02-129(7), 33.1-24-03-01(1) introductory paragraph-
(b)(3), 33.1-24-03-01(1)(b)(4), 33.1-24-03-01(1)(b)(5)-(c)(3), 33.1-24-
03-01(1)(c)(4), 33.1-24-03-01(1)(c)(5)-(5), 33.1-24-03-01(11), 33.1-24-
03-02, 33.1-24-03-03(1)-(5), 33.1-24-03-03(13), 33.1-24-03-03(14),
33.1-24-03-10(2)-(4), 33.1-24-03-14, 33.1-24-03-16, 33.1-24-03-26,
33.1-24-03-27, 33.1-24-03-28, 33.1-24-03-29, 33.1-24-03-34, 33.1-24-03-
61(1) ``Central accumulation area'' [Removed], 33.1-24-03-61(11)
``Trained professional,'' 33.1-24-03-62(1)-(2), 33.1-24-03-63(1)-(2),
33.1-24-03-64(1), 33.1-24-03-64 (2)(b), 33.1-24-03-65, 33.1-24-03-
69(1)(a)-(b), 33.1-24-03-69(4)(b), 33.1-24-03-70(2), 33.1-24-03-
71(4)(b), 33.1-24-03-72(3)-(4), 33.1-24-03-72(5)(c), 33.1-24-03-
74(1)(a)-(c), 33.1-24-03-74(2)(b), 33.1-24-03-75(2)(e), 33.1-24-03-
77(1)-(2), 33.1-24-04-03, 33.1-24-05-01(6), 33.1-24-05-01(6)(c), 33.1-
24-05-06(2)(d), 33.1-24-05-15, 33.1-24-05-16, 33.1-24-05-17, 33.1-24-
05-18, 33.1-24-05-19, 33.1-24-05-20, 33.1-24-05-26, 33.1-24-05-27,
33.1-24-05-28, 33.1-24-05-29 introductory paragraph, 33.1-24-05-29(2)-
(3), 33.1-24-05-31, 3.1-24-05-32, 33.1-24-05-38(3), 33.1-24-05-42,
33.1-24-05-89, 33.1-24-05-93, 33.1-24-05-104(1), 33.1-24-05-183(1),
33.1-24-05-250(5)(a), 33.1-24-05-56(1)(e), 33.1-24-05-290(1)(a), 33.1-
24-05-290(1)(b)(1), 33.1-24-05-400(2)(b)-(c), 33.1-24-05-476(3)(d),
33.1-24-05-610(2)(c), 33.1-24-05-708(1)(b), 33.1-24-05-781(2), 33.1-24-
05-875(1), 33.1-24-05-1011(3), 33.1-24-06-16(5);
Confidentiality Determinations for Hazardous Waste Export and
Import Document (82 FR 60894, December 26, 2017) (Checklist 238)/33.1-
24-01-16 introductory paragraph, 33.1-24-01-16(2)(c), 33.1-24-02-
25(1)(e)(4), 33.1-24-03-53(2)(e), 33.1-24-03-53(6)(i), 33.1-24-03-
55(2)(d), 33.1-24-03-55(6)(h);
Hazardous Waste Electronic Manifest User Fee Rule (83 FR 420,
January 3, 2018) (Checklist 239)/33.1-24-03-04(7)(a)-(d), 33.1-24-03-
04(8), 33.1-24-03-04(1)-(1)(a), 33.1-24-03-05(6)(e)-(h), 33.1-24-03-
07(8)(c), 33.1-24-03-07(8)(e), 33.1-24-03-07(8)(g), 33.1-24-04-
04(1)(h), 33.1-24-04-05, 33.1-24-05-38(1)(b) introductory paragraph,
33.1-24-05-38(1)(b)(1)-(6), 33.1-24-05-38(10), 33.1-24-05-38(12), 33.1-
24-05-456(3)(d)(1), 33.1-24-05-45, 33.1-24-06-16(5);
Safe Management of Recalled Airbags (83 FR 61552, November 30,
2018) (Checklist 240)/33.1-24-01-04(8) ``Airbag waste'', 33.1-24-01-
04(9) ``Airbag waste collection facility'', 33.1-24-01-04(10) ``Airbag
waste handler'', 33.1-24-02-04(10);
Universal Waste Regulations: Addition of Aerosol Cans (84 FR 67202,
December 9, 2019) (Checklist 242)/33.1-24-01-04(161) ``Universal
waste'' (c)-(e), 33.1-24-01-04(162) ``Universal waste handler'' (b)(1),
33.1-24-05-701(1)(c)-(e), 33.1-24-05-01(6)(j)(3)-(5), 33.1-24-06-16(5),
33.1-24-05-250(6)(c)-(e), 33.1-24-05-703(2)(b), 33.1-24-05-706, 33.1-
24-05-709(4) ``Large quantity handler of universal waste,'' 33.1-24-01-
04(117) ``Pesticide'' (a)-(c), 33.1-24-05-709(1) ``Aerosol can,'' 33.1-
24-05-709(5) ``Small quantity handler of universal waste,'' 33.1-24-05-
713(3)(b)(3)-(4), 33.1-24-05-713(5)-(6), 33.1-24-05-732(2)(d), 33.1-24-
05-733(3)(b)(3)-(6).
2. State-Initiated Changes
North Dakota has made amendments to its regulations that are not
directly related to any of the Federal rules addressed in Item E.1
above. These State-initiated changes are either conforming changes made
to existing authorized provisions or the adoption of provisions that
clarify and make the State's regulations internally consistent. The
State's regulations, as amended by these provisions, provide authority
which remains equivalent to and no less stringent than the Federal laws
and regulations. These State-initiated changes are submitted under the
requirements of 40 CFR 271.21(a) and include the following provisions
from the North Dakota Administrative Code (NDAC), Article 33.1-24, as
revised July 1, 2021: 33.1-24-01-05(1), and 33.1-24-05-42 introductory
paragraph [analogs to 40 CFR 260.11(a) and 264.75 introductory
paragraph, respectively].
The State-initiated changes also include a conforming change to an
internal reference at the following citation: 33.1-24-02-04(5)(a)
[analog to 40 CFR 261.4(e)(1)].
F. Where are the revised State rules different from the Federal rules?
When revised State rules differ from the Federal rules in the RCRA
State authorization process, EPA determines whether the State rules are
equivalent to, more stringent than, or broader in scope than the
Federal program. Pursuant to RCRA section 3009, 42 U.S.C. 6929, State
programs may contain requirements that are more stringent than the
Federal regulations. Such more stringent requirements can be federally
authorized and, once authorized, become federally enforceable. Although
the statute does not prevent States from adopting regulations that are
broader in scope than the Federal program, States cannot receive
Federal authorization for such regulations, and they are not federally
enforceable.
We consider the following State requirements to be more stringent
than the Federal requirements: 33.1-24-02-25(1)(e)(6) [analog to 40 CFR
261.39(a)(5)(vi)], 33.1-24-03-53(2)(a) introductory paragraph [analog
to 40 CFR 262.83(b)(1) introductory paragraph], 33.1-24-03-53(2)(d)
[analog to 40 CFR 262.83(b)(4)], 33.1-24-03-53(2)(g) [analog to 40 CFR
262.83(b)(7)], 33.1-24-03-53(4)(b)(15) [analog to 40 CFR
262.83(d)(2)(xv)], 33.1-24-03-53(5) [analog to 40 CFR 262.83(e)], 33.1-
24-03-53(6)(c)(1) [analog to 40 CFR 262.83(f)(3)(i)], 33.1-24-03-
53(6)(d) [analog to 40 CFR 262.83(f)(4)], 33.1-24-03-53(6)(e) [analog
to 40 CFR 262.83(f)(5)], and 33.1-24-03-53(6)(f)(2) [analog to 40 CFR
262.83(f)(6)(ii)], because North Dakota requires documentation such as
manifests be submitted to the State in addition to the EPA; 33.1-24-03-
14 [in lieu of analogs to 40 CFR 262.18, 262.41, 262.44],
[[Page 63429]]
because North Dakota subjects both small and large quantity generators
to the biennial reporting requirements where the Federal allows small
quantity generators to comply with the less frequent re-notification
requirements; and 33.1-24-03-69(1)(a) and (1)(b) [analogs to 40 CFR
262.208(a)(1) and (a)(2)], because North Dakota requires academic labs
to remove containers of unwanted material in an interval not to exceed
six months rather than 12 as in the Federal program.
There are no requirements that are broader in scope than the
Federal program in these revisions.
G. Who handles permits after the authorization takes effect?
The State of North Dakota will continue to issue permits for all
the provisions for which it is authorized and will administer the
permits it issues. The EPA will continue to administer any RCRA
hazardous waste permits or portions of permits which we issued prior to
the effective date of this authorization. EPA will continue to
implement and issue permits for HSWA requirements for which North
Dakota is not yet authorized.
H. How does today's action affect Indian country (18 U.S.C. 1151) in
North Dakota?
North Dakota is not authorized to carry out its hazardous waste
program in Indian country, as defined in 18 U.S.C. 1151. This includes,
but is not limited to:
1. Lands within the exterior boundaries of the following Indian
Reservations located within or abutting the State of North Dakota:
a. Fort Totten Indian Reservation
b. Fort Berthold Indian Reservation
c. Standing Rock Indian Reservation
d. Turtle Mountain Indian Reservation
2. Any land held in trust by the U.S. for an Indian tribe, and
3. Any other land, whether on or off a reservation, that qualifies as
Indian country within the meaning of 18 U.S.C. 1151.
Therefore, this program revision does not extend to Indian country
where EPA will continue to implement and administer the RCRA program in
these lands.
I. What is codification and is the EPA codifying North Dakota's
hazardous waste program as authorized in this rule?
Codification is the process of placing the State's statutes and
regulations that comprise the State's authorized hazardous waste
program into the CFR. We do this by referencing the authorized State
rules in 40 CFR part 272. We reserve the amendment of 40 CFR part 272,
subpart JJ for this authorization of North Dakota's program changes
until a later date. In this authorization application the EPA is not
codifying the rules documented in this Federal Register document.
J. Administrative Requirements
The Office of Management and Budget (OMB) has exempted this action
(RCRA State Authorization) from the requirements of Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011). Therefore, this action is not subject to review by OMB. This
action authorizes State requirements for the purpose of RCRA 3006, and
imposes no additional requirements beyond those imposed by State law.
Accordingly, this action will not have a significant economic impact on
a substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this action authorizes preexisting
requirements under State law and does not impose any additional
enforceable duty beyond that required by State law, it does not contain
any unfunded mandate or significantly or uniquely affect small
governments, as described in the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4). For the same reason, this action also does not
significantly or uniquely affect the communities of Tribal governments,
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
This action will not have substantial direct effects on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government, as specified in Executive Order 13132 (64 FR 43255,
August 10, 1999), because it merely serves to authorize 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 direct final rule is not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it
is not a significant regulatory action under Executive Order 12866.
Under RCRA 3006(b), the EPA grants a State's application for
authorization as long as the State meets the criteria required by RCRA.
It would thus be inconsistent with applicable law for the EPA, when it
reviews a State authorization application; to require the use of any
particular voluntary consensus standard in place of another standard
that otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996),
in issuing this rule, the EPA has taken the necessary steps to
eliminate drafting errors and ambiguity, minimize potential litigation,
and provide a clear legal standard for affected conduct. The EPA has
complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by
examining the takings implications of the rule in accordance with the
``Attorney General's Supplemental Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated Takings'' issued under the Executive
Order. This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
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 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.
List of Subjects in 40 CFR Parts 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indian lands, Incorporation by reference,
Intergovernmental relations, Penalties, Reporting and recordkeeping
requirements.
Authority: This action is issued under the authority of sections
2002(a), 3006, and
[[Page 63430]]
7004(b) of the Solid Waste Disposal Act as amended 42 U.S.C.
6912(a), 6926, 6974(b).
Dated: October 11, 2022.
KC Becker,
Regional Administrator, Region 8.
[FR Doc. 2022-22715 Filed 10-18-22; 8:45 am]
BILLING CODE 6560-50-P
