83 FR 25986 - North Dakota: Proposed Authorization of State Hazardous Waste Management Program Revisions and Incorporation by Reference
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 108 (June 5, 2018)
Federal Register Volume 83, Issue 108 (June 5, 2018)
| Page Range | 25986-25994 | |
| FR Document | 2018-11842 |
[Federal Register Volume 83, Number 108 (Tuesday, June 5, 2018)] [Proposed Rules] [Pages 25986-25994] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-11842] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 271 and 272 [EPA-R08-RCRA-2018-0084; FRL-9974-26-Region 8] North Dakota: Proposed Authorization of State Hazardous Waste Management Program Revisions and Incorporation by Reference AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The state of North Dakota has applied to the EPA for final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). The EPA has reviewed North Dakota's application and has determined that these changes satisfy all requirements needed to qualify for final authorization and is proposing to authorize the state's changes. The EPA uses the regulations entitled, ``Approved State Hazardous Waste Management Programs'' to provide notice of the authorization status of state programs and to incorporate by reference those provisions of state statutes and regulations that will be subject to the EPA's inspection and enforcement. This action also proposes to codify in the regulations the authorized provisions of North Dakota's hazardous waste management program and to incorporate by reference authorized provisions of the state's regulations. Finally, today's rule corrects errors made in the state authorization citations published in the February 14, 2008 Federal Register authorization document for North Dakota. DATES: Comments on this proposed rule must be received by July 5, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08- RCRA-2018-0084 by one of the following methods: 1. Federal eRulemaking Portal: http://www.regulations.gov. Follow the on-line instructions for submitting comments. 2. Email: [email protected]. 3. Fax: (303) 312-6341 (prior to faxing, please notify the EPA contact listed below). 4. Mail, Hand Delivery or Courier: Moye Lin, Resource Conservation and Recovery Program, EPA Region 8, Mailcode 8P-R, 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: Direct your comments to Docket ID No. EPA-R08-RCRA- 2018-0084. The EPA's policy is that all comments received will be included in the public docket without change and may be available online at http://www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through http://www.regulations.gov, or email. The federal http://www.regulations.gov website is an ``anonymous access'' system, which means the 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 the EPA without going through http://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, the EPA recommends that you include your name and other contact information in [[Page 25987]] the body of your comment and with any disk or CD-ROM you submit. If the EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, the 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 http://www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through http://www.regulations.gov or in hard copy at: EPA Region 8, from 8:00 a.m. to 4:00 p.m., 1595 Wynkoop Street, Denver, Colorado 80202-1129, contact: Moye Lin, phone number (303) 312-6667, or the North Dakota Department of Health (NDDH) from 9:00 a.m. to 4:00 p.m., 918 East Divide Avenue, 3rd Floor, Bismarck, North Dakota 58501- 1947, phone number (701) 328-5166. The public is advised to call in advance to verify business hours. FOR FURTHER INFORMATION CONTACT: Moye Lin, Resource Conservation and Recovery Program, EPA Region 8, 1595 Wynkoop Street, Denver, Colorado 80202-1129; phone number (303) 312-6667; Email address: [email protected]. SUPPLEMENTARY INFORMATION: I. Authorization of Revisions to North Dakota's Hazardous Waste Program A. Why are revisions to state programs necessary? States which have received final authorization from the 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 the 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 the EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124, 260 through 268, 270, 273 and 279. When states make other changes to their regulations, it is often appropriate for the states to seek authorization for the changes. B. What decisions have we made in this rule? We conclude that North Dakota's application to revise its authorized program meets all of the statutory and regulatory requirements established by RCRA. Therefore, we propose to grant North Dakota final authorization to operate its hazardous waste program with the changes described in the authorization application. 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 the 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 North Dakota, including issuing permits, until North Dakota is authorized to do so. C. What is the effect of this proposed authorization decision? If North Dakota is authorized for these changes, a facility in North Dakota subject to RCRA will 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, HSWA regulations issued by the EPA for which the state has not received authorization. North Dakota continues to have enforcement responsibilities under its state hazardous waste program for violations of such program, but 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; suspend or revoke permits; and, Take enforcement actions regardless of whether North Dakota has taken its own actions. This action to approve these provisions would not impose additional requirements on the regulated community because the regulations for which North Dakota is requesting authorization are already effective under state law and are not changed by the act of authorization. D. What happens if the EPA receives comments on this action? If the EPA receives comments on this proposed action, we will address those comments in our final action. You may not have another opportunity to comment, therefore, if you want to comment on this proposed authorization, you must do so at this time. E. 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, 2000 (70 FR 56132), and February 14, 2008, effective April 14, 2008 (73 FR 8610). F. What changes are we proposing to authorize with this action? North Dakota submitted a final complete program revision application on September 20, 2016, and March 24, 2017, seeking authorization of their changes in accordance with 40 CFR 271.21. In its program revision application, the state of North Dakota also requested authorization for the Revisions to the Definition of Solid Waste (DSW) Rule, 80 FR 1694 (Jan. 13, 2015). However, due to the Court of Appeals for the District of Columbia Circuit's decisions, Am. Petroleum Inst. v. EPA, 862 F.3d 50 (DC Cir. 2017) and Am. Petroleum Inst. v. EPA, No. 09-1038 (DC Cir. Mar. 6, 2018) (vacating both the Factor 4 Legitimacy Test and the Verified Recycler Exclusion aspects of the 2015 DSW Rule), the EPA is not granting authorization to the state for: (1) One criterion in the determination of whether recycling is legitimate (on Revision Checklist 233B at 40 CFR 260.43(a)(4)); (2) one criterion in the variance determination for exceptions to the classification of hazardous secondary materials as a solid waste (on Revision Checklist 233D2 at 40 CFR 260.31(d)(6)); and (3) the verified recycler exclusion, which allowed generators to send their hazardous secondary materials to certain reclaimers (on Revision Checklist 233D2 at 40 CFR 261.4(a)(24)). We have determined that North Dakota's hazardous waste program revision [[Page 25988]] satisfies all of the requirements necessary to qualify for Final authorization. Therefore, we propose to grant North Dakota final authorization for the following program changes: 1. Program Revision Changes for Federal Rules North Dakota seeks authority to administer the federal requirements that are listed below (the federal citation is followed by the analogs from the North Dakota Administrative Code (NDAC), Article 33-24, as revised January 1, 2016): NESHAP: Surface Coating of Automobiles and Light-Duty Trucks (69 FR 22601, 04/26/2004) (Checklist 205)/33-24-05- 420.7, 33-24-06-16.5; Nonwastewaters from Dyes and Pigments (70 FR 9138, 02/24/2005 and 70 FR 35032, 06/16/2005) (Checklists 206 and 206.1)/33-24-02-04.2.o., 33-24-02-17, 33-24-02/Appendices IV and V, 33- 24-05-266, 33-24-05-280/Table; Uniform Hazardous Waste Manifest Rule (70 FR 10776, 03/04/2005 and 70 FR 35034, 06/16/2005) (Checklists 207 and 207.1)/33-24-01-04.30, 33-24-01-04.90, 33-24-01-04.91, 33-24-02- 07.3.b.(2) and (3), 33-24-03-04.1 introductory paragraph and .1.a, 33- 24-03-05, 33-24-03-07.6, 33-24-03-10.2, 33-24-03-11, 33-24-03-12.10, 33-24-03-21.3 and .5, 33-24-03-30.3 through .5, 33-24-03/Appendix I, 33-24-04-04.1.a through .c, 33-24-04-04.7.a through .d, 33-24-04-05.2 and .3, 33-24-05-37, 33-24-05-38.1.a through .c, 33-24-05-38.2.d, 33- 24-05-38.5, 33-24-05-39.1 through .5, 33-24-05-39.6 except .6(h), 33- 24-05-39.7, 33-24-05-43, 33-24-06-16.5; Methods Innovation Rule and SW- 846 Final Update IIIB (70 FR 34538, 06/14/2005 and 70 FR 44150, 08/01/ 2005)/33-24-01-05.1 through .2.j, .3 through .6.a, .7 introductory paragraph and .a, 33-24-01-07.4, 33-24-01-08.4.a(1), 33-24-02- 03.1.b.(5), 33-24-02-11.1.a, 33-24-02-12.1, 33-24-02-19.2.b.(3)(a) and (b), 33-24-02/Appendices I--III, 33-24-05-103.1, 33-24-05-183.2, 33-24- 05-280.2 and Table, 33-24-05-288/Table UTS, 33-24-05-404.3.a.(2), .3.a.(4), .4.a(3), and .6, 33-24-05-433.4.b, 33-24-05-525.4.a.(2) and.7.b, 33-24-05-527.2.a, 33-24-05-531.1, 33-24-05-537.2.a and .2.b.(1), 33-24-05-610.2.a.(2), 33-24-05-644.3, 33-24-05-653.3, 33-24- 05-663.3, 33-24-05/Appendices V, XII, and XXIV, 33-24-06-16.5, 33-24- 06-17.2.w.(3)(a)[3] and [4], 33-24-06-17.2.ff.(1)(b)(2)[b], 33-24-06- 19.2.b.(2)(a)[3] and [4], 33-24-06-19.4.c.(2)(a) and (b); Universal Waste Rule: Specific Provisions for Mercury Containing Equipment (70 FR 45508, 08/05/2005) (Checklist 209)/33-24-01-04.92, 33-24-01-04.153 introductory paragraph and .c, 33-24-02-06.5.c, 33-24-05-01.6.j.(3), 33-24-05-250.6.c, 33-24-05-701.1.c, 33-24-05-704, 33-24-05-709.1, .3, and .4, 33-24-05-713.3, 33-24-05-714.4, 33-24-05-732.2.d and .e, 33-24- 05-733.3, 33-24-05-734.4, 33-24-06-01.2.b.(8)(c), 33-24-06-16.5; Standardized Permit for RCRA Hazardous Waste Management Facilities (70 FR 53420, 09/08/2005) (Checklist 210)/33-24-01-04.48, .107 and .131, 33-24-01-05.3.a, .3.c.(27), and .4.a, 33-24-02-07.1, 33-24-05-950.3, 33-24-05-951, 33-24-05-960, 33-24-05-961, 33-24-05-963 through 968, 33- 24-05-980 through 986, 33-24-05-990 through 998, 33-24-05-1010 through 1016, 33-24-05-1020, 33-24-05-1031, 33-24-05-1040 through 1047, 33-24- 05-1060 through 1063, 33-24-05-1067, 33-24-05-1068, 33-24-05-1071, 33- 24-05-1080 through 1087, 33-24-05-1100 through 1114, 33-24-05-1130 through 1138, 33-24-06-01.1 and .9, 33-24-06-02.4, 33-24-06-11.2, 33- 24-06-12 introductory paragraph and .2.c, 33-24-06-16.5, 33-24-06-19.6, 33-24-06-45, 33-24-06-48, 33-24-06-52, 33-24-06-56, 33-24-06-57, 33-24- 06-62, 33-24-06-65, 33-24-06-70, 33-24-06-73, 33-24-06-76, 33-24-06-80, 33-24-06-85, 33-24-07-01, 33-24-07-03 introductory paragraph and .3.a, 33-24-07-25.1 through .3, 33-24-07-26.1, 33-24-07-40 through 54; Revision of Wastewater Treatment Exemptions for Hazardous Waste Mixtures (``Headworks exemptions'') (70 FR 57769, 10/04/2005) (Checklist 211)/33-24-02-03.1.b.(4)(a) and (b), 33-24-02-03.1.b.(4)(d), (f), and (g); NESHAP: Final Standards for Hazardous Waste Combustors (Phase I Final Replacement Standards and Phase II) (70 FR 59402, 10/12/ 2005) (Checklist 212)/33-24-01-05.1, .3 introductory paragraph, and .3.a, 33-24-05-144.2.a, 33-24-05-525.2.a, .c and .d, 33-24-06-01.12, 33-24-06-05.2.c, 33-24-06-14.10.a through .c, 33-24-06-14.11, 33-24-06- 14/Appendix I, 33-24-06-16.5, 33-24-06-17.2.w.(5), .ff, .cc.(4)(c), and .dd.(5)(c), 33-24-06-19.2 and .4, 33-24-06-100; Burden Reduction Initiative (71 FR 16862, 04/04/2006) (Checklist 213)/33-24-01-10.2.b through .g, 33-24-02-04.1.i.(3)(e) and .6.i, 33-24-05-06.2.d, 33-24-05- 07.1.d, 33-24-05-27.2, 33-24-05-31.9, 33-24-05-40.2 introductory paragraph, .a, .b, .f, .h, .j, .r, and .s, 33-24-05-55.4, .7.b, and .7.c, 33-24-05-56.6 and .7, 33-24-05-57.7, 33-24-05-64, 33-24-05-69, 33-24-05-77.9, 33-24-05-79.5, 33-24-05-93, 33-24-05-104.1 and .2.e.(2), 33-24-05-105.1 introductory paragraph and .2 introductory paragraph, 33-24-05-106.1.a, .1.b, and .9.b, 33-24-05-108.2 through .7, 33-24-05- 109.6, 33-24-05-131.3, 33-24-05-167.2, 33-24-05-183.1 through .5, 33- 24-05-147.1.b, 33-24-05-150.4, 33-24-05-256.1.a, .1.b, and .2.f, 33-24- 05-258.1 and .4, 33-24-05-431.2.a and .b, 33-24-05-432.1, 33-24-05-475, 33-24-05-476.3.b and .d, 33-24-05-502.1 through .3, 33-24-05- 504.1.d.(2) and .7, 33-24-05-505.1, 33-24-05-527.5.j, 33-24-05-528.4 and .11, 33-24-06-14/Appendix I, 33-24-06-16.5, 33-24-06-17.2 introductory paragraph, .t.(1), and .ee.(3)(o); Corrections to Errors in the Code of Federal Regulations (71 FR 40254, 07/14/2006) (Checklist 214)/33-24-01-04.69, .102, .109, .114, .153, and .158, 33-24-01-08.1.a and .4.a.(2), 33-24-01-13, 33-24-01-14, 33-24-02-02.3.a.(1), 33-24-02- 03.1.b.(1), 33-24-02-04.1.t.(5), .2.f.(1)(b), .2.f.(2) introductory paragraph, .2.f.(2)(a), .2.i, .5.b.(6), and .5.c.(1), 33-24-02-06.1.b and .3.b, 33-24-02-11.1.c and .d, 33-24-02-11.Notes 1 through 4, 33-24- 02-14.2, 33-24-02-16.1/Table, 33-24-02-17/Table entries ``K107'' and ``K069'', 33-24-02-18.5, .5/Comment, and .5/Table, 33-24-02-18.6, .6/ Comment, and .6/Table, 33-24-02/Appendices IV and V, 33-24-03- 12.1.a.(4), 33-24-03-20.2, 33-24-03-23.2, 33-24-03-25.1.a, 33-24-03-40, 33-24-03-51.12, 33-24-03-53.2.a.(1) and .b.(1), 33-24-03-54.5, 33-24- 03-57.1 introductory paragraph and .e, 33-24-05-01.6.b, 33-24-05- 04.2.g.(3)(b), 33-24-05-08.2, 33-24-05-09.1, 33-24-05-54.1.a and .9.e, 33-24-05-55.1.b and .7.d.(1), 33-24-05-56.8.b, 33-24-05-58.4, 33-24-05- 60.3, 33-24-05-64, 33-24-05-65, 33-24-05-67.3, 33-24-05-68.2.a.(2), 33- 24-05-76.2.b.(2), 33-24-05-77.1.c.(1), .2.g, .2.h, .4.f, .5.e, and .6.j, 33-24-05-79.8.a, 33-24-05-81.2, .6, .7, .8.a and .b, .9, .10/ Item(2)(d), and .11 through .14, 33-24-05-94.2.a, 33-24-05-106.3 through .5, and .7, 33-24-05-119.3.a.(1)(b), .3.b.(2), .5.a, .5.b.(1)(b), and.5.b.(1)(c), 33-24-05-120.1.b, 33-24-05-127.2.a, 33-24- 05-131.1.b.(1)(a), 33-24-05-136.2, 33-24-05-137.1 and .2, 33-24-05- 148.2, 33-24-05-167.3.g and .4, 33-24-05-170.1, 33-24-05-177.3.b and .5.b.(1)(b), 33-24-05-183.5.b, 33-24-05-186.1, 33-24-05-187.1 and .2, 33-24-05-188.2.a, 33-24-05-230.1, 33-24-05-235.1/Table, 33-24-05-251.1, 33-24-05-253.1.c, 33-24-05-255.3.e, 33-24-05-256.1.a, .1.c.(2), .1.d/ Table (entry 8), .2.c.(2)/Table (entry 5), .2.d.(2), .3.b, .4 introductory paragraph through .c, 33-24-05-265.2 and .3, 33-24-05- 280.7 and Table, 33-24-05-282/Table 1, 33-24-05-284.3, 33-24-05-285/ Table 1, 33-24-05-288/Table UTS, 33-24-05-289.4, 33-24-05-290.3 and .7, 33-24-05-300, 33-24-05-301.1, .2.k, and .3.d, 33-24-05-400.3, 33-24-05- [[Page 25989]] 403.6.b.(7)(b), 33-24-05-404.2.b, 33-24-05-405.3.d.(1) and (2), 33-24- 05-420.6, 33-24-05-428.3.a, 33-24-05-434.3.c, 33-24-05-450.1 and .3, 33-24-05-460.3, 33-24-05-476.2.c.(3), .3.c introductory paragraph, .3.c.(1), and .4, 33-24-05-477.1, 33-24-05-504.1.a, .1.d(1), .1.e, .2, .13.b, and .13.c, 33-24-05-525.2.b.(4), .4.c.(1)(a), and .7, 33-24-05- 527.1.b.(6), .5.c.(1)(e), .5.e.(1)(c), .5.f.(2)(b)[2], and .5.h.(3), 33-24-05-528.1.d.(7), .2.b.(5)(b)[2], .2.e.(2)(a), .2.f.(8)(a), .3.a.(1), .3.a.(2)(a)[2], .3.a.(9) introductory paragraph and (a), .3.d.(4)(c)[1], and .7.a.(1), 33-24-05-531.4.a, 33-24-05-534.1.b.(2) and .2, 33-24-05-552.5.d.(3), .5.d.(4)(f), and .5.f.(3)(e), 33-24-05- 553.5, 33-24-05-554.1, 33-24-05-555.5.f, 33-24-05-600.8, 33-24-05- 610.2.b, 33-24-05-611 and 611/Table 1, 33-24-05-643.3.c.(1) and .3.e, 33-24-05-644.1 and .3.b, 33-24-05-645.1, 33-24-05-652.1, .2 introductory paragraph, .2.a.(2), .2.f.(2), and .2.f.(3), 33-24-05- 655.1 and .2.b.(1)(b), 33-24-05-656.1.b, 33-24-05-657.1.b.(2), 33-24- 05-659, 33-24-05-663.2.c, 33-24-05-664.5, 33-24-05-670.2.a, 33-24-05- 713.2, 33-24-05-714.1, 33-24-05-734.1, 33-24-05-1067.6.b.(1)(a), 33-24- 05/Appendix I Table 1 and Table 2 Section 6, Appendices XIII, XVIII through XXI, XXIII, XXIV, and XXVIII, 33-24-06-01.1, .2.b.(9)(a), and .10.a, 33-24-06-02, 33-24-06-03.4.a and .b, 33-24-06-07.2, 33-24-06- 12.3, 33-24-06-14.4.b.(1), 33-24-06-14/Appendix I, 33-24-06-16.5, 33- 24-06-17.1.e.(8), .2 introductory paragraph, .2.q.(3), .2.u.(6), .2.v.(2) and (7), .2.x.(9)(b), .2.aa, and .2.ee.(3)(o); Cathode Ray Tubes Rule (71 FR 42928, 07/28/2006) (Checklist 215)/33-24-01-04.13, .14, .16, and .17, 33-24-02-04.1.v, 33-24-02-23, 33-24-02-25 through 33-24-05-27; NESHAP: Final Standards for Hazardous Waste Combustors (Phase I Final Replacement Standards and Phase II) Amendments (73 FR 18970, 04/08/2008) (Checklist 217)/33-24-05-144.2.a and .c, 33-24-05- 525.2.c.(2); F019 Exemption for Wastewater Treatment Sludges from Auto Manufacturing Zinc Phosphating Processes (73 FR 31756, 06/04/2008) (Checklist 218)/33-24-02-16.1/Table and .2.d; Revisions to the Definition of Solid Waste (73 FR 64668, 10/30/2008) (Checklist 219)/33- 24-01-04.48, .59, .60, .77, .81, and .141, 33-24-01-09 introductory paragraph, .2, .4, and .5, 33-24-01-12 introductory paragraph, .1, and .3, 33-24-01-17 through 33-24-01-19, 33-24-02-01.3.d, 33-24-02-02.1 and .3.c, 33-24-02-04.1.x and .y, 33-24-02-33 through 33-24-02-42, 33-24- 06-14/Appendix I; Academic Laboratories Generator Standards (73 FR 72912, 12/01/2008) (Checklist 220)/33-24-02-05.3.f and .g, 33-24-03- 01.9, 33-24-03-60 through 33-24-03-77; Hazardous Waste Technical Corrections and Clarifications (75 FR 12989, 03/18/2010) (Checklist 223)/33-24-01-04.98, 33-24-01/Appendix I, 33-24-02-01.3.k, 33-24-02- 02.3/Table 1, 33-24-02-04.1.q.(6), 33-24-02-05.2, .5, .6 introductory paragraph, .6.b, .7 introductory paragraph, and .7.b, 33-24-02-06.1.b introductory paragraph., .1.b.(2), .1.c, .3.a, and .4, 33-24-02-07.1 through .3, and .5, 33-24-02-13.1.h, 33-24-02-15.3 and .4, 33-24-02- 16.1, 33-24-02-17.1/Table, 33-24-02-18.6, 33-24-02/Appendix IV (removal of entries K064, K065, K066, K090, K091), 33-24-03-01.5, 33-24-03-02.4, 33-24-03-07.7, 33-24-03-12.1.d, .2, .3, .4.d, .6, and .9, 33-24-03- 14.2, 33-24-03-15.1, .2 introductory paragraph, and .4, 33-24-03-30.2, 33-24-04-03, 33-24-05-27.2, 33-24-05-31.4.b, 33-24-05-39.5.f, .6.a, .6.g, and .6.h, 33-24-05-183.4, 33-24-05-185.2, 33-24-05-201.2, 33-24- 05-203, 33-24-05-230.4, 33-24-05-235.2, 33-24-05-526.3.a and .b, 33-24- 05-280/Table (entries F025, K031, K156, K157, K158), 33-24-05-288/Table UTS, 33-24-05-552.1.c.(2) through (4), and .5.d.(4)(f), 33-24-06-10.1.a and .b, 33-24-06-16.5; Academic Laboratories Generator Standards Technical Corrections (75 FR 79304, 12/20/2010) (Checklist 226)/33-24- 03-61.1, 33-24-03-67.2.c.(1), 33-24-03-73.5.a, 33-24-03-75.1.a and .2.a; Revision of the Land Disposal Treatment Standards for Carbamate Wastes (76 FR 34147, 06/13/2011) (Checklist 227)/33-24-05-280/Table, 33-24-05-288/Table UTS; Hazardous Waste Technical Corrections and Clarifications Rule (77 FR 22229, 04/13/2012) (Checklist 228)/33-24-02- 17.1 (entry K107), 33-24-05-201.2; Conditional Exclusions for Solvent Contaminated Wipes (78 FR 46448, 07/31/2013) (Checklist 229)/33-24-01- 04.100, .128, and .164, 33-24-02-04.1.w and .2.p; Conditional Exclusion for Carbon Dioxide (CO2) Streams in Geologic Sequestration Activities (79 FR 350, 01/03/2014) (Checklist 230)/33-24-01-04.11, 33-24-02-04.9; Hazardous Waste Electronic Manifest Rule (79 FR 7518, 02/07/2014) (Checklist 231)/33-24-01-04.38, .39, .90, and .151; 33-24-03-04.1.b, 33-24-03-07.8 and .9, 33-24-04-04.1 and .9, 33-24-05-38.1 introductory paragraph, .1.b, and .6 through .11, 33-24-06-16.5; Revisions to the Export Provisions of the Cathode Ray Tube (CRT) Rule (79 FR 36220, 06/ 26/2014) (Checklist 232)/33-24-01–04.15, 33-24-02-25.1.e.(1)(f), .1.e.(10), and .1.e.(11), 33-24-02-27; Revisions to the Definition of Solid Waste (80 FR 1694, 01/13/2015) (Checklist 233A)/33-24-01-10.3, 33-24-01-12.3 through .5, 33-24-01-18; Revisions to the Definition of Solid Waste (80 FR 1694, 01/13/2015) (Checklist 233B)/33-24-01-04.24 and .59, 33-24-01-19.1.a through .c, 33-24-02-02.2.c and .d, 33-24-02- 02.7; Revisions to the Definition of Solid Waste (80 FR 1694, 01/13/ 2015) (Checklist 233C)/33-24-02-01.3.h; Revisions to the Definition of Solid Waste (80 FR 1694, 01/13/2015) (Checklist 233D2)/33-24-01-09.6, 33-24-01-10.4, except .4.f, 33-24-01-17.2 introductory paragraph and .2.d, 33-24-01-17.3.e, 33-24-02-01.3.d, 33-24-02-02.3.c, and .3.d/Table 1, 33-24-02-04.1.x, 33-24-02-33 through 33-24-02-42, 33-24-02-120 through 33-24-02-129, 33-24-06-14/Appendix I; Revisions to the Definition of Solid Waste (80 FR 1694, 01/13/2015) (Checklist 233E)/33- 24-01-04.116, 33-24-02-02.3.c and .d/Table 1, 33-24-02-04.1.z, 33-24- 02-50 through 33-24-02-70, 33-24-02-170 through 33-24-02-173.1.a, 33- 24-02-174, 33-24-02-175, 33-24-02-200 through 33-24-02-203.2, 33-24-02- 204, 33-24-02-206, 33-24-02-207 through 33-24-02-209.2; Response to Vacatur of the Comparable Fuels Rule and the Gasification Rule (80 FR 18777, 04/08/2015) (Checklist 234)/33-24-02-04.1.l.(1) and .1.p, 33-24- 02-22; Disposal of Coal Combustion Residuals from Electric Utilities (80 FR 21302, 04/17/2015) (Checklist 235)/33-24-02-04.2.d. 2. State-Initiated Changes North Dakota has made amendments to its regulations that are not directly related to any of the federal rules addressed in Item F.1 above. These state-initiated changes are either for the purpose of clarifying existing authorized provisions, or of adopting provisions to render the state's regulations both clearer and internally consistent. The state's regulations, as amended by these provisions, provide authority which remains equivalent to and no less stringent than the federal laws and regulations. These state-initiated changes are submitted under the requirements of 40 CFR 271.21(a) and include the following provisions from the North Dakota Administrative Code (NDAC), Article 33-24, as revised January 1, 2016: 33-24-01-04.21, .29, .84, and .126; 33-24-02-04.1.i.(3)(d); 33-24-02-06.5 introductory paragraph; 33-24-02-07.3.a through .b.1, .4, and .5.a through .c; 33-24-02-18.3; 33-24-03-13.2; 33-24-03-14.3; 33-24-03-17; 33-24-05-07.4.b; 33-24-05- 38.2.b, .2.c, and .3; 33-24-05-47.1 through .4; 33-24-05-61.4.c; 33-24- 05-75.5; 33-24- [[Page 25990]] 05-76.2.a introductory paragraph and .2.b introductory paragraph; 33- 24-05-79.6.c.(1); 33-24-05-81.1 and .8.a; 33-24-05-103 introductory paragraph; 33-24-05-106.8; 33-24-05-132.1, .2.b, and .2.c; 33-24-05- 180.2 introductory paragraph; 33-24-05-250.3.a; 33-24-05-252.1; 33-24- 05-253.1.b.(1) and (2); 33-24-05-256.1.d; 33-24-05-271.2 and .3; 33-24- 05-278; 33-24-05-289.1 through .3 introductory paragraph; 33-24-05- 290.1 introductory paragraph and .1.a; 33-24-05-403.14; 33-24-05-421; 33-24-05-456.3.c and .3.d introductory paragraph; 33-24-05-459.6.a; 33- 24-05-501; 33-24-05-504.1.c and .9; 33-24-05-536; 33-24-05-645.8; 33- 24-05-654.7; 33-24-05-664.7; 33-24-05-718.2; 33-24-05-821.3; 33-24-05- 822.4; 33-24-05/Appendix II; 33-24-06-01.2 introductory paragraph and .2.c; 33-24-06-05.1 introductory paragraph through 2.b, and .3 through .5; 33-24-06-17.2.hh and .3.d.2; 33-24-06-30.1.c; 33-24-07-14. The state-initiated changes also include conforming changes to internal references to the incorporation by reference of 40 CFR part 265 which was renumbered from 33-24-06-16(1) to 33-24-06-16(5) at the following citations: 33-24-02-04.1.i(3)(d); 33-24-05-254.8.b.(5); 33- 24-05-290.1.a; 33-24-05-403.14.a(2); 33-24-05-528.1.f (3) and .12; 33- 24-05-536.2.b, .4.b, and .5; 33-24-05-552.1.2; 33-24-05-622.1 introductory paragraph; 33-24-05-664.1; and 33-24-06-17.2.hh(7). Since receiving authorization of the base program, North Dakota has removed certain provisions from the authorized program regulations, which resulted in the clarification of the state's program. These provisions have been reviewed and we have determined that it is appropriate for the state to remove them, and that their removal has no impact on the equivalency or consistency with the federal program. The provisions removed were NDAC sections: 33-24-06-06.3; 33-24-06-16.1 through .4 as found in the January 1, 2016 version of the regulations; 33-24-05-56.11 as found in the December 1, 2003 version of the regulations; 33-24-05-132.2.b as found in the December 1, 1988 version of the regulations; and 33-24-05-132.4 as found in the January 1, 1984 version of the regulations. G. Where are the revised state rules different from the Federal rules? We consider the following state requirements to be more stringent than the federal requirements: 33-24-02-22, 33-24-02-25, 33-24-02-27, 33-24-02-30.5 33-24-03-20.2, and 33-24-03-23.2, because North Dakota requires documentation, such as manifests, to be submitted to the state in addition to the federal U.S. EPA; 33-24-02-36.4.a because North Dakota has additional state-specific insurance requirements; and 33-24- 05-968 because North Dakota has more stringent location standards that restrict the location of permitted facilities within certain geographical areas. There are no requirements that are broader-in-scope than the federal program in these revisions. North Dakota's rules, promulgated pursuant to this application, contain an error which may create confusion within the regulated community. The EPA has determined that the error does not pose implementation or enforcement problems; therefore, the EPA will approve this application with the understanding that the state will correct this item during its next rulemaking. The error is at 33-24-05/Appendix II within the North Dakota Administrative Code (NDAC), revised January 1, 2016. H. Who handles permits after the final authorization takes effect? 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 were issued prior to the effective date of this authorization. I. How does this action affect Indian country (18 U.S.C. 1151) in North Dakota? North Dakota is not authorized to carry out its hazardous waste program in Indian country, as defined in 18 U.S.C. 1151. This includes, but is not limited to: 1. Lands within the exterior boundaries of the following Indian Reservations located within or abutting the State of North Dakota: a. Fort Totten Indian Reservation b. Fort Berthold Indian Reservation c. Standing Rock Indian Reservation 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 the EPA will continue to implement and administer the RCRA program. II. Corrections Corrections to February 14, 2008 (73 FR 8610) Authorization document: The following two citations: 33-24-05-256.1.c.1 and 33-24-05- 256.1.c.2 were not included in the authorization of Checklist 137 that was published February 14, 2008. We have reviewed these citations and determined that it is appropriate to include them as technical corrections as part of this codification. III. Incorporation by Reference A. What is codification? Codification is the process of including the statutes and regulations that comprise the state's authorized hazardous waste management program into the CFR. Section 3006(b) of RCRA, as amended, allows the EPA to authorize state hazardous waste management programs. The state regulations authorized by the EPA supplant the federal regulations concerning the same matter with the result that after authorization, the EPA enforces the authorized regulations. Infrequently, state statutory language which acts to regulate a matter is also authorized by the EPA with the consequence that the EPA enforces the authorized statutory provision. The EPA does not authorize state enforcement authorities and does not authorize state procedural requirements. The EPA codifies the authorized state program in 40 CFR part 272 and incorporates by reference state statutes and regulations that make up the approved program which is federally enforceable in accordance with Sections 3007, 3008, 3013, and 7003 of RCRA, 42 U.S.C. 6927, 6928, 6934 and 6973, and any other applicable statutory and regulatory provisions. B. What is the history of the codification of North Dakota's hazardous waste management program? The EPA incorporated by reference North Dakota's then authorized hazardous waste program effective April 14, 2008 (73 FR 8610). In this action, the EPA is proposing to revise Subpart JJ of 40 CFR part 272 to include the authorization revision actions described in this preamble. C. What decisions have we proposed in this rule? In this action, the EPA is proposing to finalize regulatory text that includes those incorporated by reference. In accordance with the requirements of 1 CFR 51.5, the EPA is proposing to finalize the incorporation by reference of the North Dakota rules described in the amendments to 40 CFR part 272 set forth below. The EPA has made, and will continue to make, these documents available electronically through http:// [[Page 25991]] www.regulations.gov and in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). This action proposes to codify the EPA's authorization of North Dakota's base hazardous waste management program and its revisions to that program. The proposed codification reflects the state program that will be in effect at the time the EPA's authorized revisions to the North Dakota hazardous waste management program addressed in this proposed rule become final. This proposed action does not reopen any decision the EPA previously made concerning the authorization of the state's hazardous waste management program. The EPA is not requesting comments on its prior decisions published in the Federal Register actions referenced in Section I.E of this preamble. The EPA is proposing to incorporate by reference the EPA's approval of North Dakota's hazardous waste management program by amending Subpart JJ to 40 CFR part 272. The proposed action amends section 272.1751 and incorporates by reference North Dakota's authorized hazardous waste regulations, as amended effective January 1, 2016. Section 272.1751 also references the demonstration of adequate enforcement authority, including procedural and enforcement provisions, which provide the legal basis for the state's implementation of the hazardous waste management program. In addition, section 272.1751 references the Memorandum of Agreement, the Attorney General's Statements, and the Program Description, which are evaluated as part of the approval process of the hazardous waste management program in accordance with Subtitle C of RCRA. D. What is the effect of North Dakota's codification on enforcement? The EPA retains the authority under federal statutory provisions, including but not limited to, RCRA sections 3007, 3008, 3013 and 7003, and other applicable statutory and regulatory provisions to undertake inspections and enforcement actions and to issue orders in all authorized states. With respect to enforcement actions, the EPA will rely on federal sanctions, federal inspection authorities, and federal procedures rather than the state analogs to these provisions. Therefore, the EPA is not proposing to incorporate by reference North Dakota's inspection and enforcement authorities, nor are those authorities part of North Dakota's approved state program which operates in lieu of the federal program. 40 CFR 272.1751(c)(2) lists these authorities for informational purposes, and because the EPA also considered them in determining the adequacy of North Dakota's procedural and enforcement authorities. North Dakota's authority to inspect and enforce the state's hazardous waste management program requirements continues to operate independently under state law. E. What state provisions are not proposed as part of the codification? The public is reminded that some provisions of North Dakota's hazardous waste management program are not part of the federally- authorized state program. These non-authorized provisions include: 1. Provisions that are not part of the RCRA subtitle C program because they are ``broader in scope'' than RCRA subtitle C (see 40 CFR 271.1(i)); 2. Federal rules for which North Dakota is not authorized, but which have been incorporated into the state regulations because of the way the state adopted federal regulations by reference; 3. State procedural and enforcement authorities which are necessary to establish the ability of the state's program to enforce compliance, but which do not supplant the federal statutory enforcement and procedural authorities. 4. Federal rules which North Dakota adopted, but which were vacated by the U.S. Court of Appeals for the District of Columbia Circuit (DC Cir. No. 09-1038, rulings dated July 7, 2017, and March 6, 2018). State provisions that are ``broader in scope'' than the federal program are not incorporated by reference in 40 CFR part 272. For reference and clarity, the EPA proposes to list in 40 CFR 272.1751(c)(3) the North Dakota statutory provisions that are ``broader in scope'' than the federal program, and which are not part of the authorized program being incorporated by reference. While ``broader in scope'' provisions are not part of the authorized program and cannot be enforced by the EPA, the state may enforce such provisions under state law. North Dakota has adopted, but is not authorized for, the federal rules published in the Federal Register on April 12, 1996 (61 FR 16290); October 22, 1998 (63 FR 56710), and January 8, 2010 (75 FR 1235). Therefore, these federal amendments included in North Dakota's adoption by reference at section 33-24-06-16.5 of the North Dakota Administrative Code, are not part of the state's authorized program and are not part of the proposed incorporation by reference addressed by this Federal Register document. F. What will be the effect of the proposed codification on Federal HSWA requirements? With respect to any requirement(s) pursuant to HSWA for which the state has not yet been authorized, and which the EPA has identified as taking effect immediately in states with authorized hazardous waste management programs, the EPA will enforce those federal HSWA standards until the state is authorized for those provisions. The proposed codification does not affect federal HSWA requirements for which the state is not authorized. The EPA has authority to implement HSWA requirements in all states, including states with authorized hazardous waste management programs, until the states become authorized for such requirements or prohibitions, unless the EPA has identified the HSWA requirement(s) as an optional or as a less stringent requirement of the federal program. A HSWA requirement or prohibition, unless identified by the EPA as optional or as less stringent, supersedes any less stringent or inconsistent state provision which may have been previously authorized by the EPA (50 FR 28702, July 15, 1985). Some existing state requirements may be similar to the HSWA requirements implemented by the EPA. However, until the EPA authorizes those state requirements, the EPA enforces the HSWA requirements and not the state analogs. IV. Administrative Requirements The Office of Management and Budget (OMB) has exempted this action from the requirements of Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011). This action proposes to authorize state requirements for the purpose of RCRA section 3006 and imposes no additional requirements beyond those imposed by state law. Therefore, this action is not subject to review by OMB. This action is not an Executive Order 13771 (82 FR 9339, February 3, 2017) regulatory action because actions such as today's proposed authorization of North Dakota's revised hazardous waste 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.). Because this action proposes to authorize pre-existing requirements under state law and does not impose any additional [[Page 25992]] 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 proposed 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 proposes to authorize and codify 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 proposed 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 proposed action is not subject to Executive Order 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001), because it is not a significant regulatory action under Executive Order 12866. Under RCRA 3006(b), the EPA grants a state's application for authorization as long as the state meets the criteria required by RCRA. It would thus be inconsistent with applicable law for the EPA, when it reviews a state authorization application, to require the use of any particular voluntary consensus standard in place of another standard that otherwise satisfies the requirements of RCRA. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this proposed action, the EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct. The EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the takings implications of the action in accordance with the ``Attorney General's Supplemental Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued under the executive order. This proposed action does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). ``Burden'' is defined at 5 CFR 1320.3(b). Executive Order 12898 (59 FR 7629, February 16, 1994) establishes federal executive policy on environmental justice. Its main provision directs federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. Because this rule proposes to authorize 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 40 CFR Part 271 Environmental protection, Administrative practice and procedure, Confidential business information, Hazardous waste, Hazardous waste transportation, Indian lands, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements. 40 CFR Part 272 Environmental protection, Hazardous materials transportation, Hazardous waste, Incorporation by reference, Intergovernmental relations, Water pollution control, Water supply. Authority: This rule is issued under the authority of Sections 2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as amended, 42 U.S.C. 6912(a), 6926, 6974(b). Dated:May 25, 2018. Douglas Benevento, Regional Administrator, Region 8. For the reasons set forth in the preamble, 40 CFR parts 271 and 272 are amended as follows: PART 271--REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS EPA is proposing to grant final authorization under part 271 to the State of North Dakota for revisions to its hazardous waste program under the Resource Conservation and Recovery Act. PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS 0 1. The authority citation for part 272 continues to read as follows: Authority: Secs. 2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b). 0 2. Revise Sec. 272.1751 to read as follows: Sec. 272.1751 North Dakota State-Administered Program: Final Authorization. (a) History of the State of North Dakota authorization. Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), North Dakota has final authorization for the following elements as submitted to the EPA in North Dakota's base program application for final authorization which was approved by the EPA effective on October 19, 1984. Subsequent program revision applications were approved effective on August 24, 1990, July 6, 1992, June 6, 1994, March 20, 2000, November 25, 2005, April 14, 2008, and [EFFECTIVE DATE OF FINAL RULE]. (b) Enforcement authority. The state of North Dakota has primary responsibility for enforcing its hazardous waste management program. However, the EPA retains the authority to exercise its inspection and enforcement authorities in accordance with sections 3007, 3008, 3013, 7003 of RCRA, 42 U.S.C. 6927, 6928, 6934, 6973, and any other applicable statutory and regulatory provisions, regardless of whether the state has taken its own actions, as well as in accordance with other statutory and regulatory provisions. (c) State Statutes and Regulations. (1) Incorporation by reference. The North Dakota statutes and regulations cited in paragraph (c)(1)(i) of this section are incorporated by reference as part of the hazardous waste management program under Subtitle C of RCRA, 42 U.S.C. 6921 et seq. This incorporation by reference is approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain copies of the North Dakota regulations that are incorporated by reference in this paragraph from North Dakota Legislative Council, Second Floor, State Capitol, 600 E. Boulevard Avenue, Bismarck, North Dakota 58505, phone (701) 328-2916. You may inspect a copy at EPA Region 8, 1595 Wynkoop Street, Denver, [[Page 25993]] Colorado, phone number (303) 312-6231, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html. (i) The Binder entitled ``EPA-Approved North Dakota Statutory and Regulatory Requirements Applicable to the Hazardous Waste Management Program,'' dated April 2018. (ii) [Reserved] (2) Legal basis. The EPA considered the following statutes and regulations in evaluating the state program but is not incorporating them herein for enforcement purposes: (i) North Dakota Century Code (NDCC), Volume 13A, 2012 Replacement, North Dakota Constitution, Article XI: Sections 5 and 6. (ii) North Dakota Century Code, Volume 4A, 2012 Replacement. Chapter 23-01 ``State Department of Health'', Section 23-01-04.1; Chapter 23-20.3 ``Hazardous Waste Management'', Sections 23-20.3-01, 23-20.3-02 introductory paragraph, (2), (3) through (8), (10), (13) through (16), and (18); 23-20.3-03; 23-20.3-04; 23-20.3-05(3), (5), (6), and (8); 23-20.3-06 through 23-20.3-10; and Chapter 23-29 ``Solid Waste Management and Land Protection'', Section 23-29-04. (iii) North Dakota Century Code, Volume 4A, 2015 Pocket Supplement. Chapter 23-01 ``State Department of Health'', Section 23-01-36 (iv) North Dakota Century Code, Volume 5, 2012 Replacement. Chapter 28-32 ``Administrative Agencies Practice Act'', Section 28-32-21.1 ``Actions against administrative agencies--Attorney's fees and costs''. (v) North Dakota Century Code, Volume 6, 2012 Replacement. Chapter 32-40 ``Environmental Law Enforcement'', Sections 32-40-03 through 32- 40-11. (vi) North Dakota Century Code, Volume 9A, 2012 Replacement, as amended by the 2015 Pocket Supplement. Chapter 44-04 ``Duties, records and meetings'', Sections 44-04-18 through 19.1. (vii) North Dakota Administrative Code (NDAC), Article 33--24, Hazardous Waste Management, as amended through January 1, 2016. Sections 33-24-01-15; 33-24-01-16; 33-24-06-05, except .2.c; 33-24-06- 06.2; 33-24-06-09; 33-24-06-15.1.6 through .3.b; 33-24-07-03.4; 33-24- 07-04 through 33-24-07-14; 33-24-07-25 through 33-24-07-27; and 33-24- 07-40 through 33-24-07-54. (3) Related legal provisions. The following statutory and regulatory provisions are broader in scope than the federal program, are not part of the authorized program, are not incorporated by reference, and are not federally enforceable: (i) North Dakota Century Code, 2012 Replacement, Volume 4A, Chapter 23-01 ``State Department of Health'', Section 23-01-04.1(6). (ii) North Dakota Century Code, Volume 4A, 2012 Replacement. Chapter 23-20.3 ``Hazardous Waste Management'', Sections 23-20.3-02(1); 23-20.3-05.1; 23-20.3-05.2; and 23-20.3-05.3. (iii) North Dakota Administrative Code, Article 33-24, ``Hazardous Waste Management'', as amended through January 1, 2016, Sections 33-24- 03-03.4; 33-24-04-02.3; 33-24-05-02 second sentence; 33-24-06- 14.3.a(4); and 33-24-06-21. (iv) North Dakota's hazardous waste regulations set forth additional transporter requirements including permit requirements at 33-24-04-02. The transporter permit requirements are broader in scope than the federal program. (4) Unauthorized state amendments and provisions. (i) North Dakota has partially or fully adopted, but is not authorized to implement, the federal rule published in the Federal Register on October 22, 1998 (63 FR 56710) Post-Closure Requirements and Closure Process (HSWA/non-HSWA) (Checklist 174). The EPA will continue to implement the federal HSWA requirements for which North Dakota is not authorized until the state receives specific authorization for those requirements. (ii) The federal rules listed in the following table are not delegable to states. North Dakota has adopted these provisions and left the authority to the EPA for implementation and enforcement. ---------------------------------------------------------------------------------------------------------------- Federal Federal requirement Register Publication date reference ---------------------------------------------------------------------------------------------------------------- Imports and Exports of Hazardous Waste: 61 FR 16290 April 12, 1996. Implementation of OECD Council Decision (HSWA) (Checklist 152). OECD Requirements; Export Shipments of Spent 75 FR 1236 January 8, 2010. Lead-Acid Batteries (Non-HSWA) (Checklist 222). ---------------------------------------------------------------------------------------------------------------- (iii) North Dakota has adopted the following federal provisions from the Revisions to the Definition of Solid Waste Rule, 80 FR 1694 (Jan. 13, 2015) which have since been vacated by the U.S. Court of Appeals for the District of Columbia Circuit in Am. Petroleum Inst. v. EPA, 862 F.3d 50 (DC Cir. 2017) and Am. Petroleum Inst. v. EPA, No. 09- 1038 (DC Cir. Mar. 6, 2018) (vacating both the Factor 4 Legitimacy Test and the Verified Recycler Exclusion aspects of the 2015 DSW Rule): (1) One criterion in the determination of whether recycling is legitimate at 40 CFR 260.43(a)(4); (2) one criterion in the variance determination for exceptions to the classification of hazardous secondary materials as a solid waste (at 40 CFR 260.31(d)(6)); and (3) the verified recycler exclusion, which allowed generators to send their hazardous secondary materials to certain reclaimers at 40 CFR 261.4(a)(24). (5) Memorandum of Agreement. The Memorandum of Agreement between the EPA Region 8 and the state of North Dakota, signed by the Environmental Health Section of the North Dakota Department of Health on July 18, 2016, although not incorporated by reference, is referenced as part of the authorized hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq. (6) Statement of Legal Authority. ``Attorney General's Statement: Hazardous Waste Management Program'' signed by the Attorney General of North Dakota on June 8, 1984, and revisions, supplements, and addenda to that Statement dated February 22, 1989, February 11, 1984, October 13, 1999, April 23, 2004, August 19, 2004 and December 5, 2016, although not incorporated by reference, are referenced as part of the authorized hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq. (7) Program Description. The Program Description and any other materials submitted as supplements thereto, although not incorporated by reference, are referenced as part of the authorized hazardous waste management program [[Page 25994]] under subtitle C of RCRA, 42 U.S.C. 6921 et seq. 0 3. Appendix A to part 272 is amended by revising the listing for ``North Dakota'' to read as follows: Appendix A to Part 272--State Requirements * * * * * North Dakota (a) The statutory provisions include: North Dakota Century Code (NDCC), Volume 4A, 2012 Replacement. Chapter 23-20.3 ``Hazardous Waste Management'', Sections 23-20.3-05(1), (2), (4), (7), and (9). Copies of the North Dakota statutes that are incorporated by reference are available from Matthew Bender & Company Inc., 701 E. Water Street Charlottesville, VA 22902-5389, phone number: (800) 833-9844. (b) The regulatory provisions include: North Dakota Administrative Code (NDAC), Article 33-24, as revised January 1, 2016, except reserved provisions. Chapter 33-24-01--General provisions: Sections 33-24-01-01 through 33-24-01-04, 33-24-01-05, except .2.k and .7.a; 33-24-01-06 through 33-24-01-09; 33-24-01-10, except .4.f; 33-24-01-11 through 33-24-01-14; 33-24-01-17; 33-24-01-18; and 33-24-01-19, except .1.d. Chapter 33-24-02--Identification and Listing of Hazardous Waste: Sections 33-24-02-01 through 33-24-02-03; 33-24-02-04, except .1.y; 33-24-02-05; 33-24-02-06, except .1.e; 33-24-02-07 through 33-24-02- 10; 33-24-02-11, except the phrase ``or a miniflash continuously closed cup tester, using the test method specified in American Society for Testing and Material D6450-99 (incorporated by reference in section 33-24-01-05)'' in paragraph .1.a; 33-24-02-12 through 33- 24-02-19; 33-24-02-25 through 33-24-02-27; 33-24-02-33 through 33- 24-02-42; 33-24-02-50 through 33-24-02-70; 33-24-02-120 through 33- 24-02-129; 33-24-02-170 through 33-24-02-175; 33-24-02-180 through 33-24-02-194; 33-24-02-200 through 33-24-02-209; and Appendices I, IV, and V. Chapter 33-24-03--Standards for Generators: Sections 33-24-03- 01, except .4; 33-24-03-02; 33-24-03-03.1 and .2; 33-24-03-03.3 except the phrase ``and a transporter permit''; 33-24-03-04 through 33-24-03-24; 33-24-03-30; 33-24-03-40; 33-24-03-60 through 33-24-03- 77; and Appendix I. Chapter 33-24-04--Standards for Transporters: Sections 33-24-04- 01, except .4 and Note following paragraph .3.b; 33-24-04-02.1, except the phrase ``, a transporter permit, and a registration certificate''; 33-24-04-02.2, except the phrases ``and a registration certificate, or a transporter permit,'' in the first sentence, and ``and issue a registration certificate'' in the second sentence; and 33-24-04-03 through 33-24-04-08. Chapter 33-24-05--Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Waste and Specific Types of Hazardous Waste Management Facilities: Sections 33-24-05-01; 33-24-05-02, except the second sentence; 33-24-05-03, except 33-24-05-03.1; 33-24-05-04 through 33-24-05-10; 33-24-05-15 through 33-24-05-20; 33-24-05-26 through 33-24-05-31; 33-24-05-37; 33-24-05-38, except .1.c and .4; 33-24-05-39 through 33-24-05-44; 33-24-05-47 through 33-24-05-69; 33-24-05-74 through 33-24-05-81; 33-24-05-89 through 33-24-05-98; 33-24-05-103 through 33-24-05-115; 33-24-05-118 through 33-24-05-128; 33-24-05-130 through 33-24-05- 138; 33-24-05-144 through 33-24-05-151; 33-24-05-160 through 33-24- 05-170; 33-24-05-176 through 33-24-05-188; 33-24-05-201 through 33- 24-05-204; 33-24-05-230, except .2.c; 33-24-05-235, except .1/Table entries (6) and (7); 33-24-05-250 through 33-24-05-253; 33-24-05- 256; 33-24-05-258; 33-24-05-265; 33-24-05-266; 33-24-05-270 through 33-24-05-281; 33-24-05-282, except .2; 33-24-05-283; 33-24-05-284.8 through .13; 33-24-05-285; 33-24-05-286; 33-24-05-288 through 33-24- 05-290; 33-24-05-300 through 33-24-05-303; 33-24-05-400 through 33- 24-05-406; 33-24-05-420 through 33-24-05-435; 33-24-05-450 through 33-24-05-460; 33-24-05-475 through 33-24-05-477; 33-24-05-501 through 33-24-05-506; 33-24-05-525 through 33-24-05-537; 33-24-05- 550 through 33-24-05-555; 33-24-05-600; 33-24-05-610 through 33-24- 05-612; 33-24-05-620 through 33-24-05-624; 33-24-05-630 through 33- 24-05-632; 33-24-05-640 through 33-24-05-647; 33-24-05-650 through 33-24-05-667; 33-24-05-670 through 33-24-05-675; 33-24-05-680; 33- 24-05-681; 33-24-05-701 through 33-24-05-705; 33-24-05-708 through 33-24-05-720; 33-24-05-730 through 33-24-05-740; 33-24-05-750 through 33-24-05-756; 33-24-05-760 through 33-24-05-762; 33-24-05- 770, except .4; 33-24-05-780; 33-24-05-781; 33-24-05-800 through 33- 24-05-802; 33-24-05-820 through 33-24-05-826; 33-24-05-850; 33-24- 05-855 through 33-24-05-857; 33-24-05-860; 33-24-05-865; 33-24-05- 866; 33-24-05-870; 33-24-05-875; 33-24-05-880; 33-24-05-885; 33-24- 05-890; 33-24-05-895 through 33-24-05-900; 33-24-05-905; 33-24-05- 910; 33-24-05-915; 33-24-05-916; 33-24-05-950; 33-24-05-951; 33-24- 05-960; 33-24-05-961; 33-24-05-963 through 33-24-05-968; 33-24-05- 980 through 33-24-05-986; 33-24-05-990 through 33-24-05-998; 33-24- 05-1010 through 33-24-05-1016; 33-24-05-1020; 33-24-05-1031; 33-24- 05-1040 through 33-24-05-1043; 33-24-05-1045 through 33-24-05-1047; 33-24-05-1060 through 33-24-05-1063; 33-24-05-1067; 33-24-05-1068; 33-24-05-1071; 33-24-05-1080 through 33-24-05-1087; 33-24-05-1100 through 33-24-05-1114; 33-24-05-1130 through 33-24-05-1138; and Appendices I through VIII, X through XIII, XV through XXIV, and XXVI through XXIX. Chapter 33-24-06--Permits: Sections 33-24-06-01; 33-24-06-02, 33-24-06-03, except Note following paragraph .1.a.(2); 33-24-06-04; 33-24-06-05.2.c; 33-24-06-06.1; 33-24-06-07; 33-24-06-08; 33-24-06- 10 through 33-24-06-13; 33-24-06-14, except .3.a.(4); 33-24-06-15 introductory paragraph through .1.a; 33-24-06-16.5 through .7; 33- 24-06-17 through 33-24-06-20; 33-24-06-30 through 33-24-06-35; 33- 24-06-45; 33-24-06-48; 33-24-06-52; 33-24-06-56; 33-24-06-57; 33-24- 06-62; 33-24-06-65; 33-24-06-70; 33-24-06-73; 33-24-06-76; 33-24-06- 80; 33-24-06-85; 33-24-06-100; and Appendix I to Section 33-24-06- 14. Chapter 33-24-07--Permitting Procedures: Sections 33-24-07-01; 33-24-07-02; and 33-24-07-03, except .4. Copies of the North Dakota regulations that are incorporated by reference are available from North Dakota Legislative Counsel, Second Floor, State Capitol, 600 East Boulevard, Bismarck, North Dakota 58505, phone number: (701) 328-2916. * * * * * [FR Doc. 2018-11842 Filed 6-4-18; 8:45 am] BILLING CODE 6560-50-P
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40 CFR 60.25(e) and (f) and 40 CFR EPA with the discretionary authority to action also proposes to codify in the
60.2515(a)(7). address, as appropriate, regulations the authorized provisions of
disproportionate human health or North Dakota’s hazardous waste
III. Proposed Action
environmental effects, using practicable management program and to incorporate
Pursuant to CAA section 111(d), CAA and legally permissible methods, under by reference authorized provisions of
section 129, and 40 CFR part 60, Executive Order 12898 (59 FR 7629, the state’s regulations. Finally, today’s
subparts B and DDDD, EPA is proposing February 16, 1994). And it does not rule corrects errors made in the state
to approve Alabama’s state plan for have Tribal implications as specified by authorization citations published in the
regulation of CISWI units as submitted Executive Order 13175 (65 FR 67249, February 14, 2008 Federal Register
on May 19, 2017 and supplemented on November 9, 2000), because EPA is not authorization document for North
October 24, 2017. In addition, EPA is proposing to approve the submitted Dakota.
proposing to amend 40 CFR part 62, plan to apply in Indian country located DATES: Comments on this proposed rule
subpart B to reflect this action. in the state, and because the submitted must be received by July 5, 2018.
IV. Statutory and Executive Order plan will not impose substantial direct
ADDRESSES: Submit your comments,
Reviews costs on Tribal governments or preempt
identified by Docket ID No. EPA–R08–
Tribal law.
Under the CAA, the Administrator is RCRA–2018–0084 by one of the
required to approve a 111(d)/129 plan List of Subjects in 40 CFR Part 62 following methods:
submission that complies with the Administrative practice and 1. Federal eRulemaking Portal: http://
provisions of the CAA and applicable procedure, Air pollution control, www.regulations.gov. Follow the on-line
Federal regulations. In reviewing Aluminum, Fertilizers, Fluoride, instructions for submitting comments.
111(d)/129 plan submissions, EPA’s role 2. Email: lin.moye@epa.gov.
Intergovernmental relations,
is to approve state choices, provided 3. Fax: (303) 312–6341 (prior to
Manufacturing, Phosphate, Reporting
they meet the criteria and objectives of faxing, please notify the EPA contact
and recordkeeping requirements, Sulfur
the CAA and EPA’s implementing listed below).
oxides, Waste treatment and disposal. 4. Mail, Hand Delivery or Courier:
regulations. Accordingly, this action
merely proposes to approve state law as Authority: 42 U.S.C. 7411. Moye Lin, Resource Conservation and
meeting Federal requirements and does Recovery Program, EPA Region 8,
Dated: May 15, 2018.
not impose additional requirements Mailcode 8P–R, 1595 Wynkoop Street,
Onis ‘‘Trey’’ Glenn, III
beyond those imposed by state law. For Denver, Colorado 80202–1129. Courier
Regional Administrator, Region 4. or hand deliveries are only accepted
that reason, this proposed action: [FR Doc. 2018–12064 Filed 6–4–18; 8:45 am]
• Is not a significant regulatory action during the Regional Office’s normal
subject to review by the Office of
BILLING CODE 6560–50–P hours of operation. The public is
Management and Budget under advised to call in advance to verify
Executive Orders 12866 (58 FR 51735, business hours. Special arrangements
ENVIRONMENTAL PROTECTION should be made for deliveries of boxed
October 4, 1993) and 13563 (76 FR 3821, AGENCY
January 21, 2011); information.
• does not impose an information Instructions: Direct your comments to
40 CFR Parts 271 and 272 Docket ID No. EPA–R08–RCRA–2018–
collection burden under the provisions
of the Paperwork Reduction Act (44 [EPA–R08–RCRA–2018–0084; FRL–9974– 0084. The EPA’s policy is that all
26–Region 8] comments received will be included in
U.S.C. 3501 et seq.);
• is certified as not having a the public docket without change and
North Dakota: Proposed Authorization may be available online at http://
significant economic impact on a of State Hazardous Waste Management
substantial number of small entities www.regulations.gov, including any
Program Revisions and Incorporation personal information provided, unless
under the Regulatory Flexibility Act (5 by Reference
U.S.C. 601 et seq.); the comment includes information
• does not contain any unfunded AGENCY: Environmental Protection claimed to be Confidential Business
mandate or significantly or uniquely Agency (EPA). Information (CBI) or other information
affect small governments, as described ACTION: Proposed rule. whose disclosure is restricted by statute.
in the Unfunded Mandates Reform Act Do not submit information that you
of 1995 (Pub. L. 104–4); SUMMARY: The state of North Dakota has consider to be CBI or otherwise
• does not have Federalism applied to the EPA for final protected through http://
implications as specified in Executive authorization of the changes to its www.regulations.gov, or email. The
Order 13132 (64 FR 43255, August 10, hazardous waste program under the federal http://www.regulations.gov
1999); Resource Conservation and Recovery website is an ‘‘anonymous access’’
• is not an economically significant Act (RCRA). The EPA has reviewed system, which means the EPA will not
regulatory action based on health or North Dakota’s application and has know your identity or contact
safety risks subject to Executive Order determined that these changes satisfy all information unless you provide it in the
13045 (62 FR 19885, April 23, 1997); requirements needed to qualify for final body of your comment. If you send an
• is not a significant regulatory action authorization and is proposing to email comment directly to the EPA
subject to Executive Order 13211 (66 FR authorize the state’s changes. The EPA without going through http://
amozie on DSK3GDR082PROD with PROPOSALS1
28355, May 22, 2001). uses the regulations entitled, ‘‘Approved www.regulations.gov, your email
In addition, this rule is not subject to State Hazardous Waste Management address will be automatically captured
requirements of Section 12(d) of the Programs’’ to provide notice of the and included as part of the comment
National Technology Transfer and authorization status of state programs that is placed in the public docket and
Advancement Act of 1995 (15 U.S.C. and to incorporate by reference those made available on the internet. If you
272 note) because application of those provisions of state statutes and submit an electronic comment, the EPA
requirements would be inconsistent regulations that will be subject to the recommends that you include your
with the CAA. It also does not provide EPA’s inspection and enforcement. This name and other contact information in
VerDate Sep<11>2014 17:40 Jun 04, 2018 Jkt 244001 PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 E:\FR\FM\05JNP1.SGM 05JNP1](https://thefederalregister.org/doc/83_FR_26094/page/1.svg)
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satisfies all of the requirements paragraph and .c, 33–24–02–06.5.c, 33– 131.3, 33–24–05–167.2, 33–24–05–183.1
necessary to qualify for Final 24–05–01.6.j.(3), 33–24–05–250.6.c, 33– through .5, 33–24–05–147.1.b, 33–24–
authorization. Therefore, we propose to 24–05–701.1.c, 33–24–05–704, 33–24– 05–150.4, 33–24–05–256.1.a, .1.b, and
grant North Dakota final authorization 05–709.1, .3, and .4, 33–24–05–713.3, .2.f, 33–24–05–258.1 and .4, 33–24–05–
for the following program changes: 33–24–05–714.4, 33–24–05–732.2.d and 431.2.a and .b, 33–24–05–432.1, 33–24–
1. Program Revision Changes for Federal .e, 33–24–05–733.3, 33–24–05–734.4, 05–475, 33–24–05–476.3.b and .d, 33–
Rules 33–24–06–01.2.b.(8)(c), 33–24–06–16.5; 24–05–502.1 through .3, 33–24–05–
Standardized Permit for RCRA 504.1.d.(2) and .7, 33–24–05–505.1, 33–
North Dakota seeks authority to Hazardous Waste Management Facilities 24–05–527.5.j, 33–24–05–528.4 and .11,
administer the federal requirements that (70 FR 53420, 09/08/2005) (Checklist 33–24–06–14/Appendix I, 33–24–06–
are listed below (the federal citation is 210)/33–24–01–04.48, .107 and .131, 16.5, 33–24–06–17.2 introductory
followed by the analogs from the North 33–24–01–05.3.a, .3.c.(27), and .4.a, 33– paragraph, .t.(1), and .ee.(3)(o);
Dakota Administrative Code (NDAC), 24–02–07.1, 33–24–05–950.3, 33–24– Corrections to Errors in the Code of
Article 33–24, as revised January 1, 05–951, 33–24–05–960, 33–24–05–961, Federal Regulations (71 FR 40254, 07/
2016): NESHAP: Surface Coating of 33–24–05–963 through 968, 33–24–05– 14/2006) (Checklist 214)/33–24–01–
Automobiles and Light-Duty Trucks (69
980 through 986, 33–24–05–990 through 04.69, .102, .109, .114, .153, and .158,
FR 22601, 04/26/2004) (Checklist 205)/
998, 33–24–05–1010 through 1016, 33– 33–24–01–08.1.a and .4.a.(2), 33–24–01–
33–24–05–420.7, 33–24–06–16.5;
24–05–1020, 33–24–05–1031, 33–24– 13, 33–24–01–14, 33–24–02–02.3.a.(1),
Nonwastewaters from Dyes and
05–1040 through 1047, 33–24–05–1060 33–24–02–03.1.b.(1), 33–24–02–
Pigments (70 FR 9138, 02/24/2005 and
through 1063, 33–24–05–1067, 33–24– 04.1.t.(5), .2.f.(1)(b), .2.f.(2) introductory
70 FR 35032, 06/16/2005) (Checklists
206 and 206.1)/33–24–02–04.2.o., 33– 05–1068, 33–24–05–1071, 33–24–05– paragraph, .2.f.(2)(a), .2.i, .5.b.(6), and
24–02–17, 33–24–02/Appendices IV and 1080 through 1087, 33–24–05–1100 .5.c.(1), 33–24–02–06.1.b and .3.b, 33–
V, 33–24–05–266, 33–24–05–280/Table; through 1114, 33–24–05–1130 through 24–02–11.1.c and .d, 33–24–02–
Uniform Hazardous Waste Manifest 1138, 33–24–06–01.1 and .9, 33–24–06– 11.Notes 1 through 4, 33–24–02–14.2,
Rule (70 FR 10776, 03/04/2005 and 70 02.4, 33–24–06–11.2, 33–24–06–12 33–24–02–16.1/Table, 33–24–02–17/
FR 35034, 06/16/2005) (Checklists 207 introductory paragraph and .2.c, 33–24– Table entries ‘‘K107’’ and ‘‘K069’’, 33–
and 207.1)/33–24–01–04.30, 33–24–01– 06–16.5, 33–24–06–19.6, 33–24–06–45, 24–02–18.5, .5/Comment, and .5/Table,
04.90, 33–24–01–04.91, 33–24–02– 33–24–06–48, 33–24–06–52, 33–24–06– 33–24–02–18.6, .6/Comment, and .6/
07.3.b.(2) and (3), 33–24–03–04.1 56, 33–24–06–57, 33–24–06–62, 33–24– Table, 33–24–02/Appendices IV and V,
introductory paragraph and .1.a, 33–24– 06–65, 33–24–06–70, 33–24–06–73, 33– 33–24–03–12.1.a.(4), 33–24–03–20.2,
03–05, 33–24–03–07.6, 33–24–03–10.2, 24–06–76, 33–24–06–80, 33–24–06–85, 33–24–03–23.2, 33–24–03–25.1.a, 33–
33–24–03–11, 33–24–03–12.10, 33–24– 33–24–07–01, 33–24–07–03 24–03–40, 33–24–03–51.12, 33–24–03–
03–21.3 and .5, 33–24–03–30.3 through introductory paragraph and .3.a, 33–24– 53.2.a.(1) and .b.(1), 33–24–03–54.5, 33–
.5, 33–24–03/Appendix I, 33–24–04– 07–25.1 through .3, 33–24–07–26.1, 33– 24–03–57.1 introductory paragraph and
04.1.a through .c, 33–24–04–04.7.a 24–07–40 through 54; Revision of .e, 33–24–05–01.6.b, 33–24–05–
through .d, 33–24–04–05.2 and .3, 33– Wastewater Treatment Exemptions for 04.2.g.(3)(b), 33–24–05–08.2, 33–24–05–
24–05–37, 33–24–05–38.1.a through .c, Hazardous Waste Mixtures (‘‘Headworks 09.1, 33–24–05–54.1.a and .9.e, 33–24–
33–24–05–38.2.d, 33–24–05–38.5, 33– exemptions’’) (70 FR 57769, 10/04/2005) 05–55.1.b and .7.d.(1), 33–24–05–56.8.b,
24–05–39.1 through .5, 33–24–05–39.6 (Checklist 211)/33–24–02–03.1.b.(4)(a) 33–24–05–58.4, 33–24–05–60.3, 33–24–
except .6(h), 33–24–05–39.7, 33–24–05– and (b), 33–24–02–03.1.b.(4)(d), (f), and 05–64, 33–24–05–65, 33–24–05–67.3,
43, 33–24–06–16.5; Methods Innovation (g); NESHAP: Final Standards for 33–24–05–68.2.a.(2), 33–24–05–
Rule and SW–846 Final Update IIIB (70 Hazardous Waste Combustors (Phase I 76.2.b.(2), 33–24–05–77.1.c.(1), .2.g,
FR 34538, 06/14/2005 and 70 FR 44150, Final Replacement Standards and Phase .2.h, .4.f, .5.e, and .6.j, 33–24–05–79.8.a,
08/01/2005)/33–24–01–05.1 through II) (70 FR 59402, 10/12/2005) (Checklist 33–24–05–81.2, .6, .7, .8.a and .b, .9,
.2.j, .3 through .6.a, .7 introductory 212)/33–24–01–05.1, .3 introductory .10/Item(2)(d), and .11 through .14, 33–
paragraph and .a, 33–24–01–07.4, 33– paragraph, and .3.a, 33–24–05–144.2.a, 24–05–94.2.a, 33–24–05–106.3 through
24–01–08.4.a(1), 33–24–02–03.1.b.(5), 33–24–05–525.2.a, .c and .d, 33–24–06– .5, and .7, 33–24–05–119.3.a.(1)(b),
33–24–02–11.1.a, 33–24–02–12.1, 33– 01.12, 33–24–06–05.2.c, 33–24–06– .3.b.(2), .5.a, .5.b.(1)(b), and.5.b.(1)(c),
24–02–19.2.b.(3)(a) and (b), 33–24–02/ 14.10.a through .c, 33–24–06–14.11, 33– 33–24–05–120.1.b, 33–24–05–127.2.a,
Appendices I—III, 33–24–05–103.1, 33– 24–06–14/Appendix I, 33–24–06–16.5, 33–24–05–131.1.b.(1)(a), 33–24–05–
24–05–183.2, 33–24–05–280.2 and 33–24–06–17.2.w.(5), .ff, .cc.(4)(c), and 136.2, 33–24–05–137.1 and .2, 33–24–
Table, 33–24–05–288/Table UTS, 33– .dd.(5)(c), 33–24–06–19.2 and .4, 33–24– 05–148.2, 33–24–05–167.3.g and .4, 33–
24–05–404.3.a.(2), .3.a.(4), .4.a(3), and 06–100; Burden Reduction Initiative (71 24–05–170.1, 33–24–05–177.3.b and
.6, 33–24–05–433.4.b, 33–24–05– FR 16862, 04/04/2006) (Checklist 213)/ .5.b.(1)(b), 33–24–05–183.5.b, 33–24–
525.4.a.(2) and.7.b, 33–24–05–527.2.a, 33–24–01–10.2.b through .g, 33–24–02– 05–186.1, 33–24–05–187.1 and .2, 33–
33–24–05–531.1, 33–24–05–537.2.a and 04.1.i.(3)(e) and .6.i, 33–24–05–06.2.d, 24–05–188.2.a, 33–24–05–230.1, 33–24–
.2.b.(1), 33–24–05–610.2.a.(2), 33–24– 33–24–05–07.1.d, 33–24–05–27.2, 33– 05–235.1/Table, 33–24–05–251.1, 33–
05–644.3, 33–24–05–653.3, 33–24–05– 24–05–31.9, 33–24–05–40.2 24–05–253.1.c, 33–24–05–255.3.e, 33–
663.3, 33–24–05/Appendices V, XII, and introductory paragraph, .a, .b, .f, .h, .j, 24–05–256.1.a, .1.c.(2), .1.d/Table (entry
XXIV, 33–24–06–16.5, 33–24–06– .r, and .s, 33–24–05–55.4, .7.b, and .7.c, 8), .2.c.(2)/Table (entry 5), .2.d.(2), .3.b,
amozie on DSK3GDR082PROD with PROPOSALS1
17.2.w.(3)(a)[3] and [4], 33–24–06– 33–24–05–56.6 and .7, 33–24–05–57.7, .4 introductory paragraph through .c,
17.2.ff.(1)(b)(2)[b], 33–24–06– 33–24–05–64, 33–24–05–69, 33–24–05– 33–24–05–265.2 and .3, 33–24–05–280.7
19.2.b.(2)(a)[3] and [4], 33–24–06– 77.9, 33–24–05–79.5, 33–24–05–93, 33– and Table, 33–24–05–282/Table 1, 33–
19.4.c.(2)(a) and (b); Universal Waste 24–05–104.1 and .2.e.(2), 33–24–05– 24–05–284.3, 33–24–05–285/Table 1,
Rule: Specific Provisions for Mercury 105.1 introductory paragraph and .2 33–24–05–288/Table UTS, 33–24–05–
Containing Equipment (70 FR 45508, introductory paragraph, 33–24–05– 289.4, 33–24–05–290.3 and .7, 33–24–
08/05/2005) (Checklist 209)/33–24–01– 106.1.a, .1.b, and .9.b, 33–24–05–108.2 05–300, 33–24–05–301.1, .2.k, and .3.d,
04.92, 33–24–01–04.153 introductory through .7, 33–24–05–109.6, 33–24–05– 33–24–05–400.3, 33–24–05–
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403.6.b.(7)(b), 33–24–05–404.2.b, 33– 72912, 12/01/2008) (Checklist 220)/33– the Definition of Solid Waste (80 FR
24–05–405.3.d.(1) and (2), 33–24–05– 24–02–05.3.f and .g, 33–24–03–01.9, 33– 1694, 01/13/2015) (Checklist 233A)/33–
420.6, 33–24–05–428.3.a, 33–24–05– 24–03–60 through 33–24–03–77; 24–01–10.3, 33–24–01–12.3 through .5,
434.3.c, 33–24–05–450.1 and .3, 33–24– Hazardous Waste Technical Corrections 33–24–01–18; Revisions to the
05–460.3, 33–24–05–476.2.c.(3), .3.c and Clarifications (75 FR 12989, 03/18/ Definition of Solid Waste (80 FR 1694,
introductory paragraph, .3.c.(1), and .4, 2010) (Checklist 223)/33–24–01–04.98, 01/13/2015) (Checklist 233B)/33–24–
33–24–05–477.1, 33–24–05–504.1.a, 33–24–01/Appendix I, 33–24–02–01.3.k, 01–04.24 and .59, 33–24–01–19.1.a
.1.d(1), .1.e, .2, .13.b, and .13.c, 33–24– 33–24–02–02.3/Table 1, 33–24–02– through .c, 33–24–02–02.2.c and .d, 33–
05–525.2.b.(4), .4.c.(1)(a), and .7, 33–24– 04.1.q.(6), 33–24–02–05.2, .5, .6 24–02–02.7; Revisions to the Definition
05–527.1.b.(6), .5.c.(1)(e), .5.e.(1)(c), introductory paragraph, .6.b, .7 of Solid Waste (80 FR 1694, 01/13/2015)
.5.f.(2)(b)[2], and .5.h.(3), 33–24–05– introductory paragraph, and .7.b, 33– (Checklist 233C)/33–24–02–01.3.h;
528.1.d.(7), .2.b.(5)(b)[2], .2.e.(2)(a), 24–02–06.1.b introductory paragraph., Revisions to the Definition of Solid
.2.f.(8)(a), .3.a.(1), .3.a.(2)(a)[2], .3.a.(9) .1.b.(2), .1.c, .3.a, and .4, 33–24–02–07.1 Waste (80 FR 1694, 01/13/2015)
introductory paragraph and (a), through .3, and .5, 33–24–02–13.1.h, (Checklist 233D2)/33–24–01–09.6, 33–
.3.d.(4)(c)[1], and .7.a.(1), 33–24–05– 33–24–02–15.3 and .4, 33–24–02–16.1, 24–01–10.4, except .4.f, 33–24–01–17.2
531.4.a, 33–24–05–534.1.b.(2) and .2, 33–24–02–17.1/Table, 33–24–02–18.6, introductory paragraph and .2.d, 33–24–
33–24–05–552.5.d.(3), .5.d.(4)(f), and 33–24–02/Appendix IV (removal of 01–17.3.e, 33–24–02–01.3.d, 33–24–02–
.5.f.(3)(e), 33–24–05–553.5, 33–24–05– entries K064, K065, K066, K090, K091), 02.3.c, and .3.d/Table 1, 33–24–02–
554.1, 33–24–05–555.5.f, 33–24–05– 33–24–03–01.5, 33–24–03–02.4, 33–24– 04.1.x, 33–24–02–33 through 33–24–02–
600.8, 33–24–05–610.2.b, 33–24–05–611 03–07.7, 33–24–03–12.1.d, .2, .3, .4.d, 42, 33–24–02–120 through 33–24–02–
and 611/Table 1, 33–24–05–643.3.c.(1) .6, and .9, 33–24–03–14.2, 33–24–03– 129, 33–24–06–14/Appendix I;
and .3.e, 33–24–05–644.1 and .3.b, 33– 15.1, .2 introductory paragraph, and .4, Revisions to the Definition of Solid
24–05–645.1, 33–24–05–652.1, .2 33–24–03–30.2, 33–24–04–03, 33–24– Waste (80 FR 1694, 01/13/2015)
introductory paragraph, .2.a.(2), .2.f.(2), 05–27.2, 33–24–05–31.4.b, 33–24–05– (Checklist 233E)/33–24–01–04.116, 33–
39.5.f, .6.a, .6.g, and .6.h, 33–24–05– 24–02–02.3.c and .d/Table 1, 33–24–02–
and .2.f.(3), 33–24–05–655.1 and
04.1.z, 33–24–02–50 through 33–24–02–
.2.b.(1)(b), 33–24–05–656.1.b, 33–24– 183.4, 33–24–05–185.2, 33–24–05–
70, 33–24–02–170 through 33–24–02–
05–657.1.b.(2), 33–24–05–659, 33–24– 201.2, 33–24–05–203, 33–24–05–230.4,
173.1.a, 33–24–02–174, 33–24–02–175,
05–663.2.c, 33–24–05–664.5, 33–24–05– 33–24–05–235.2, 33–24–05–526.3.a and
33–24–02–200 through 33–24–02–203.2,
670.2.a, 33–24–05–713.2, 33–24–05– .b, 33–24–05–280/Table (entries F025,
33–24–02–204, 33–24–02–206, 33–24–
714.1, 33–24–05–734.1, 33–24–05– K031, K156, K157, K158), 33–24–05–
02–207 through 33–24–02–209.2;
1067.6.b.(1)(a), 33–24–05/Appendix I 288/Table UTS, 33–24–05–552.1.c.(2)
Response to Vacatur of the Comparable
Table 1 and Table 2 Section 6, through (4), and .5.d.(4)(f), 33–24–06–
Fuels Rule and the Gasification Rule (80
Appendices XIII, XVIII through XXI, 10.1.a and .b, 33–24–06–16.5; Academic
FR 18777, 04/08/2015) (Checklist 234)/
XXIII, XXIV, and XXVIII, 33–24–06– Laboratories Generator Standards
33–24–02–04.1.l.(1) and .1.p, 33–24–02–
01.1, .2.b.(9)(a), and .10.a, 33–24–06–02, Technical Corrections (75 FR 79304, 12/ 22; Disposal of Coal Combustion
33–24–06–03.4.a and .b, 33–24–06–07.2, 20/2010) (Checklist 226)/33–24–03– Residuals from Electric Utilities (80 FR
33–24–06–12.3, 33–24–06–14.4.b.(1), 61.1, 33–24–03–67.2.c.(1), 33–24–03– 21302, 04/17/2015) (Checklist 235)/33–
33–24–06–14/Appendix I, 33–24–06– 73.5.a, 33–24–03–75.1.a and .2.a; 24–02–04.2.d.
16.5, 33–24–06–17.1.e.(8), .2 Revision of the Land Disposal
introductory paragraph, .2.q.(3), .2.u.(6), Treatment Standards for Carbamate 2. State-Initiated Changes
.2.v.(2) and (7), .2.x.(9)(b), .2.aa, and Wastes (76 FR 34147, 06/13/2011) North Dakota has made amendments
.2.ee.(3)(o); Cathode Ray Tubes Rule (71 (Checklist 227)/33–24–05–280/Table, to its regulations that are not directly
FR 42928, 07/28/2006) (Checklist 215)/ 33–24–05–288/Table UTS; Hazardous related to any of the federal rules
33–24–01–04.13, .14, .16, and .17, 33– Waste Technical Corrections and addressed in Item F.1 above. These
24–02–04.1.v, 33–24–02–23, 33–24–02– Clarifications Rule (77 FR 22229, 04/13/ state-initiated changes are either for the
25 through 33–24–05–27; NESHAP: 2012) (Checklist 228)/33–24–02–17.1 purpose of clarifying existing authorized
Final Standards for Hazardous Waste (entry K107), 33–24–05–201.2; provisions, or of adopting provisions to
Combustors (Phase I Final Replacement Conditional Exclusions for Solvent render the state’s regulations both
Standards and Phase II) Amendments Contaminated Wipes (78 FR 46448, 07/ clearer and internally consistent. The
(73 FR 18970, 04/08/2008) (Checklist 31/2013) (Checklist 229)/33–24–01– state’s regulations, as amended by these
217)/33–24–05–144.2.a and .c, 33–24– 04.100, .128, and .164, 33–24–02–04.1.w provisions, provide authority which
05–525.2.c.(2); F019 Exemption for and .2.p; Conditional Exclusion for remains equivalent to and no less
Wastewater Treatment Sludges from Carbon Dioxide (CO2) Streams in stringent than the federal laws and
Auto Manufacturing Zinc Phosphating Geologic Sequestration Activities (79 FR regulations. These state-initiated
Processes (73 FR 31756, 06/04/2008) 350, 01/03/2014) (Checklist 230)/33–24– changes are submitted under the
(Checklist 218)/33–24–02–16.1/Table 01–04.11, 33–24–02–04.9; Hazardous requirements of 40 CFR 271.21(a) and
and .2.d; Revisions to the Definition of Waste Electronic Manifest Rule (79 FR include the following provisions from
Solid Waste (73 FR 64668, 10/30/2008) 7518, 02/07/2014) (Checklist 231)/33– the North Dakota Administrative Code
(Checklist 219)/33–24–01–04.48, .59, 24–01–04.38, .39, .90, and .151; 33–24– (NDAC), Article 33–24, as revised
.60, .77, .81, and .141, 33–24–01–09 03–04.1.b, 33–24–03–07.8 and .9, 33– January 1, 2016: 33–24–01–04.21, .29,
amozie on DSK3GDR082PROD with PROPOSALS1
introductory paragraph, .2, .4, and .5, 24–04–04.1 and .9, 33–24–05–38.1 .84, and .126; 33–24–02–04.1.i.(3)(d);
33–24–01–12 introductory paragraph, introductory paragraph, .1.b, and .6 33–24–02–06.5 introductory paragraph;
.1, and .3, 33–24–01–17 through 33–24– through .11, 33–24–06–16.5; Revisions 33–24–02–07.3.a through .b.1, .4, and
01–19, 33–24–02–01.3.d, 33–24–02–02.1 to the Export Provisions of the Cathode .5.a through .c; 33–24–02–18.3; 33–24–
and .3.c, 33–24–02–04.1.x and .y, 33– Ray Tube (CRT) Rule (79 FR 36220, 06/ 03–13.2; 33–24–03–14.3; 33–24–03–17;
24–02–33 through 33–24–02–42, 33–24– 26/2014) (Checklist 232)/33–24–01– 33–24–05–07.4.b; 33–24–05–38.2.b, .2.c,
06–14/Appendix I; Academic 04.15, 33–24–02–25.1.e.(1)(f), .1.e.(10), and .3; 33–24–05–47.1 through .4; 33–
Laboratories Generator Standards (73 FR and .1.e.(11), 33–24–02–27; Revisions to 24–05–61.4.c; 33–24–05–75.5; 33–24–
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![25992 Federal Register / Vol. 83, No. 108 / Tuesday, June 5, 2018 / Proposed Rules
enforceable duty beyond that required order. This proposed action does not Resource Conservation and Recovery
by state law, it does not contain any impose an information collection Act.
unfunded mandate or significantly or burden under the provisions of the
uniquely affect small governments, as Paperwork Reduction Act of 1995 (44 PART 272—APPROVED STATE
described in the Unfunded Mandates U.S.C. 3501 et seq.). ‘‘Burden’’ is HAZARDOUS WASTE MANAGEMENT
Reform Act of 1995 (2 U.S.C. 1531– defined at 5 CFR 1320.3(b). PROGRAMS
1538). For the same reason, this Executive Order 12898 (59 FR 7629,
proposed action also does not ■ 1. The authority citation for part 272
February 16, 1994) establishes federal continues to read as follows:
significantly or uniquely affect the executive policy on environmental
communities of tribal governments, as justice. Its main provision directs Authority: Secs. 2002(a), 3006, and
specified by Executive Order 13175 (65 federal agencies, to the greatest extent 7004(b) of the Solid Waste Disposal Act, as
FR 67249, November 9, 2000). This amended by the Resource Conservation and
practicable and permitted by law, to Recovery Act of 1976, as amended, 42 U.S.C.
action will not have substantial direct make environmental justice part of their 6912(a), 6926, and 6974(b).
effects on the states, on the relationship mission by identifying and addressing,
between the national government and as appropriate, disproportionately high ■ 2. Revise § 272.1751 to read as
the states, or on the distribution of and adverse human health or follows:
power and responsibilities among the environmental effects of their programs, § 272.1751 North Dakota State-
various levels of government, as policies, and activities on minority Administered Program: Final Authorization.
specified in Executive Order 13132 (64 populations and low-income
FR 43255, August 10, 1999), because it (a) History of the State of North
populations in the United States. Dakota authorization. Pursuant to
merely proposes to authorize and codify Because this rule proposes to authorize
state requirements as part of the state section 3006(b) of RCRA, 42 U.S.C.
pre-existing state rules which are at 6926(b), North Dakota has final
RCRA hazardous waste program without least equivalent to, and no less stringent
altering the relationship or the authorization for the following elements
than existing federal requirements, and as submitted to the EPA in North
distribution of power and imposes no additional requirements
responsibilities established by RCRA. Dakota’s base program application for
beyond those imposed by state law, and final authorization which was approved
This proposed action also is not there are no anticipated significant
subject to Executive Order 13045 (62 FR by the EPA effective on October 19,
adverse human health or environmental 1984. Subsequent program revision
19885, April 23, 1997), because it is not
effects, the rule is not subject to applications were approved effective on
economically significant and it does not
Executive Order 12898. August 24, 1990, July 6, 1992, June 6,
make decisions based on environmental
health or safety risks. This proposed List of Subjects 1994, March 20, 2000, November 25,
action is not subject to Executive Order 2005, April 14, 2008, and [EFFECTIVE
40 CFR Part 271 DATE OF FINAL RULE].
13211, ‘‘Actions Concerning Regulations
That Significantly Affect Energy Supply, Environmental protection, (b) Enforcement authority. The state
Distribution, or Use’’ (66 FR 28355, May Administrative practice and procedure, of North Dakota has primary
22, 2001), because it is not a significant Confidential business information, responsibility for enforcing its
regulatory action under Executive Order Hazardous waste, Hazardous waste hazardous waste management program.
12866. transportation, Indian lands, However, the EPA retains the authority
Under RCRA 3006(b), the EPA grants Intergovernmental relations, Penalties, to exercise its inspection and
a state’s application for authorization as Reporting and recordkeeping enforcement authorities in accordance
long as the state meets the criteria requirements. with sections 3007, 3008, 3013, 7003 of
required by RCRA. It would thus be RCRA, 42 U.S.C. 6927, 6928, 6934,
inconsistent with applicable law for the 40 CFR Part 272 6973, and any other applicable statutory
EPA, when it reviews a state Environmental protection, Hazardous and regulatory provisions, regardless of
authorization application, to require the materials transportation, Hazardous whether the state has taken its own
use of any particular voluntary waste, Incorporation by reference, actions, as well as in accordance with
consensus standard in place of another Intergovernmental relations, Water other statutory and regulatory
standard that otherwise satisfies the pollution control, Water supply. provisions.
requirements of RCRA. Thus, the (c) State Statutes and Regulations.
requirements of section 12(d) of the Authority: This rule is issued under the (1) Incorporation by reference. The
authority of Sections 2002(a), 3006 and North Dakota statutes and regulations
National Technology Transfer and 7004(b) of the Solid Waste Disposal Act as
Advancement Act of 1995 (15 U.S.C. cited in paragraph (c)(1)(i) of this
amended, 42 U.S.C. 6912(a), 6926, 6974(b).
272 note) do not apply. As required by section are incorporated by reference as
section 3 of Executive Order 12988 (61 Dated:May 25, 2018. part of the hazardous waste
FR 4729, February 7, 1996), in issuing Douglas Benevento, management program under Subtitle C
this proposed action, the EPA has taken Regional Administrator, Region 8. of RCRA, 42 U.S.C. 6921 et seq. This
the necessary steps to eliminate drafting incorporation by reference is approved
For the reasons set forth in the
errors and ambiguity, minimize by the Director of the Federal Register
preamble, 40 CFR parts 271 and 272 are
potential litigation, and provide a clear in accordance with 5 U.S.C. 552(a) and
amended as follows:
legal standard for affected conduct. The 1 CFR part 51. You may obtain copies
amozie on DSK3GDR082PROD with PROPOSALS1
EPA has complied with Executive Order PART 271—REQUIREMENTS FOR of the North Dakota regulations that are
12630 (53 FR 8859, March 15, 1988) by AUTHORIZATION OF STATE incorporated by reference in this
examining the takings implications of HAZARDOUS WASTE PROGRAMS paragraph from North Dakota Legislative
the action in accordance with the Council, Second Floor, State Capitol,
‘‘Attorney General’s Supplemental EPA is proposing to grant final 600 E. Boulevard Avenue, Bismarck,
Guidelines for the Evaluation of Risk authorization under part 271 to the State North Dakota 58505, phone (701) 328–
and Avoidance of Unanticipated of North Dakota for revisions to its 2916. You may inspect a copy at EPA
Takings’’ issued under the executive hazardous waste program under the Region 8, 1595 Wynkoop Street, Denver,
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![Federal Register / Vol. 83, No. 108 / Tuesday, June 5, 2018 / Proposed Rules 25993
Colorado, phone number (303) 312– (iv) North Dakota Century Code, (ii) North Dakota Century Code,
6231, or at the National Archives and Volume 5, 2012 Replacement. Chapter Volume 4A, 2012 Replacement. Chapter
Records Administration (NARA). For 28–32 ‘‘Administrative Agencies 23–20.3 ‘‘Hazardous Waste
information on the availability of this Practice Act’’, Section 28–32–21.1 Management’’, Sections 23–20.3–02(1);
material at NARA, call (202) 741–6030, ‘‘Actions against administrative 23–20.3–05.1; 23–20.3–05.2; and 23–
or go to: http://www.archives.gov/ agencies—Attorney’s fees and costs’’. 20.3–05.3.
federal-register/cfr/ibr-locations.html. (v) North Dakota Century Code, (iii) North Dakota Administrative
(i) The Binder entitled ‘‘EPA- Volume 6, 2012 Replacement. Chapter Code, Article 33–24, ‘‘Hazardous Waste
Approved North Dakota Statutory and 32–40 ‘‘Environmental Law Management’’, as amended through
Regulatory Requirements Applicable to Enforcement’’, Sections 32–40–03 January 1, 2016, Sections 33–24–03–
the Hazardous Waste Management through 32–40–11. 03.4; 33–24–04–02.3; 33–24–05–02
Program,’’ dated April 2018. (vi) North Dakota Century Code, second sentence; 33–24–06–14.3.a(4);
(ii) [Reserved] Volume 9A, 2012 Replacement, as and 33–24–06–21.
(2) Legal basis. The EPA considered amended by the 2015 Pocket (iv) North Dakota’s hazardous waste
the following statutes and regulations in Supplement. Chapter 44–04 ‘‘Duties, regulations set forth additional
evaluating the state program but is not records and meetings’’, Sections 44–04– transporter requirements including
incorporating them herein for 18 through 19.1. permit requirements at 33–24–04–02.
enforcement purposes: The transporter permit requirements are
(i) North Dakota Century Code (vii) North Dakota Administrative broader in scope than the federal
(NDCC), Volume 13A, 2012 Code (NDAC), Article 33—24, program.
Replacement, North Dakota Hazardous Waste Management, as (4) Unauthorized state amendments
Constitution, Article XI: Sections 5 and amended through January 1, 2016. and provisions.
6. Sections 33–24–01–15; 33–24–01–16; (i) North Dakota has partially or fully
(ii) North Dakota Century Code, 33–24–06–05, except .2.c; 33–24–06– adopted, but is not authorized to
Volume 4A, 2012 Replacement. Chapter 06.2; 33–24–06–09; 33–24–06–15.1.6 implement, the federal rule published in
23–01 ‘‘State Department of Health’’, through .3.b; 33–24–07–03.4; 33–24–07– the Federal Register on October 22,
Section 23–01–04.1; Chapter 23–20.3 04 through 33–24–07–14; 33–24–07–25 1998 (63 FR 56710) Post-Closure
‘‘Hazardous Waste Management’’, through 33–24–07–27; and 33–24–07–40 Requirements and Closure Process
Sections 23–20.3–01, 23–20.3–02 through 33–24–07–54. (HSWA/non-HSWA) (Checklist 174).
introductory paragraph, (2), (3) through (3) Related legal provisions. The The EPA will continue to implement the
(8), (10), (13) through (16), and (18); 23– following statutory and regulatory federal HSWA requirements for which
20.3–03; 23–20.3–04; 23–20.3–05(3), (5), provisions are broader in scope than the North Dakota is not authorized until the
(6), and (8); 23–20.3–06 through 23– federal program, are not part of the state receives specific authorization for
20.3–10; and Chapter 23–29 ‘‘Solid authorized program, are not those requirements.
Waste Management and Land incorporated by reference, and are not (ii) The federal rules listed in the
Protection’’, Section 23–29–04. federally enforceable: following table are not delegable to
(iii) North Dakota Century Code, (i) North Dakota Century Code, 2012 states. North Dakota has adopted these
Volume 4A, 2015 Pocket Supplement. Replacement, Volume 4A, Chapter 23– provisions and left the authority to the
Chapter 23–01 ‘‘State Department of 01 ‘‘State Department of Health’’, EPA for implementation and
Health’’, Section 23–01–36 Section 23–01–04.1(6). enforcement.
Federal
Federal requirement Register Publication date
reference
Imports and Exports of Hazardous Waste: Implementation of OECD Council Decision (HSWA) 61 FR 16290 April 12, 1996.
(Checklist 152).
OECD Requirements; Export Shipments of Spent Lead-Acid Batteries (Non-HSWA) (Checklist 222) ... 75 FR 1236 January 8, 2010.
(iii) North Dakota has adopted the 40 CFR 260.31(d)(6)); and (3) the Hazardous Waste Management
following federal provisions from the verified recycler exclusion, which Program’’ signed by the Attorney
Revisions to the Definition of Solid allowed generators to send their General of North Dakota on June 8,
Waste Rule, 80 FR 1694 (Jan. 13, 2015) hazardous secondary materials to 1984, and revisions, supplements, and
which have since been vacated by the certain reclaimers at 40 CFR addenda to that Statement dated
U.S. Court of Appeals for the District of 261.4(a)(24). February 22, 1989, February 11, 1984,
Columbia Circuit in Am. Petroleum Inst. (5) Memorandum of Agreement. The October 13, 1999, April 23, 2004,
v. EPA, 862 F.3d 50 (DC Cir. 2017) and Memorandum of Agreement between August 19, 2004 and December 5, 2016,
Am. Petroleum Inst. v. EPA, No. 09– the EPA Region 8 and the state of North although not incorporated by reference,
1038 (DC Cir. Mar. 6, 2018) (vacating Dakota, signed by the Environmental are referenced as part of the authorized
both the Factor 4 Legitimacy Test and Health Section of the North Dakota hazardous waste management program
amozie on DSK3GDR082PROD with PROPOSALS1
the Verified Recycler Exclusion aspects Department of Health on July 18, 2016, under subtitle C of RCRA, 42 U.S.C.
of the 2015 DSW Rule): (1) One criterion although not incorporated by reference, 6921 et seq.
in the determination of whether is referenced as part of the authorized (7) Program Description. The Program
recycling is legitimate at 40 CFR hazardous waste management program Description and any other materials
260.43(a)(4); (2) one criterion in the under subtitle C of RCRA, 42 U.S.C. submitted as supplements thereto,
variance determination for exceptions to 6921 et seq. although not incorporated by reference,
the classification of hazardous (6) Statement of Legal Authority. are referenced as part of the authorized
secondary materials as a solid waste (at ‘‘Attorney General’s Statement: hazardous waste management program
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![25994 Federal Register / Vol. 83, No. 108 / Tuesday, June 5, 2018 / Proposed Rules
under subtitle C of RCRA, 42 U.S.C. 33–24–03–30; 33–24–03–40; 33–24–03–60 05–705; 33–24–05–708 through 33–24–05–
6921 et seq. through 33–24–03–77; and Appendix I. 720; 33–24–05–730 through 33–24–05–740;
■ 3. Appendix A to part 272 is amended Chapter 33–24–04—Standards for 33–24–05–750 through 33–24–05–756; 33–
Transporters: Sections 33–24–04–01, except 24–05–760 through 33–24–05–762; 33–24–
by revising the listing for ‘‘North
.4 and Note following paragraph .3.b; 33–24– 05–770, except .4; 33–24–05–780; 33–24–05–
Dakota’’ to read as follows: 04–02.1, except the phrase ‘‘, a transporter 781; 33–24–05–800 through 33–24–05–802;
Appendix A to Part 272—State permit, and a registration certificate’’; 33–24– 33–24–05–820 through 33–24–05–826; 33–
Requirements 04–02.2, except the phrases ‘‘and a 24–05–850; 33–24–05–855 through 33–24–
registration certificate, or a transporter 05–857; 33–24–05–860; 33–24–05–865; 33–
* * * * * permit,’’ in the first sentence, and ‘‘and issue 24–05–866; 33–24–05–870; 33–24–05–875;
a registration certificate’’ in the second 33–24–05–880; 33–24–05–885; 33–24–05–
North Dakota sentence; and 33–24–04–03 through 33–24– 890; 33–24–05–895 through 33–24–05–900;
(a) The statutory provisions include: North 04–08. 33–24–05–905; 33–24–05–910; 33–24–05–
Dakota Century Code (NDCC), Volume 4A, Chapter 33–24–05—Standards for 915; 33–24–05–916; 33–24–05–950; 33–24–
2012 Replacement. Chapter 23–20.3 Treatment, Storage, and Disposal Facilities 05–951; 33–24–05–960; 33–24–05–961; 33–
‘‘Hazardous Waste Management’’, Sections and for the Management of Specific 24–05–963 through 33–24–05–968; 33–24–
23–20.3–05(1), (2), (4), (7), and (9). Copies of Hazardous Waste and Specific Types of 05–980 through 33–24–05–986; 33–24–05–
the North Dakota statutes that are Hazardous Waste Management Facilities: 990 through 33–24–05–998; 33–24–05–1010
incorporated by reference are available from Sections 33–24–05–01; 33–24–05–02, except through 33–24–05–1016; 33–24–05–1020;
Matthew Bender & Company Inc., 701 E. the second sentence; 33–24–05–03, except 33–24–05–1031; 33–24–05–1040 through 33–
Water Street Charlottesville, VA 22902–5389, 33–24–05–03.1; 33–24–05–04 through 33– 24–05–1043; 33–24–05–1045 through 33–24–
phone number: (800) 833–9844. 24–05–10; 33–24–05–15 through 33–24–05– 05–1047; 33–24–05–1060 through 33–24–05–
(b) The regulatory provisions include: 20; 33–24–05–26 through 33–24–05–31; 33– 1063; 33–24–05–1067; 33–24–05–1068; 33–
North Dakota Administrative Code (NDAC), 24–05–37; 33–24–05–38, except .1.c and .4; 24–05–1071; 33–24–05–1080 through 33–24–
Article 33–24, as revised January 1, 2016, 33–24–05–39 through 33–24–05–44; 33–24– 05–1087; 33–24–05–1100 through 33–24–05–
except reserved provisions. 05–47 through 33–24–05–69; 33–24–05–74 1114; 33–24–05–1130 through 33–24–05–
Chapter 33–24–01—General provisions: through 33–24–05–81; 33–24–05–89 through 1138; and Appendices I through VIII, X
Sections 33–24–01–01 through 33–24–01–04, 33–24–05–98; 33–24–05–103 through 33–24– through XIII, XV through XXIV, and XXVI
33–24–01–05, except .2.k and .7.a; 33–24– 05–115; 33–24–05–118 through 33–24–05– through XXIX.
01–06 through 33–24–01–09; 33–24–01–10, 128; 33–24–05–130 through 33–24–05–138; Chapter 33–24–06—Permits: Sections 33–
except .4.f; 33–24–01–11 through 33–24–01– 33–24–05–144 through 33–24–05–151; 33– 24–06–01; 33–24–06–02, 33–24–06–03,
14; 33–24–01–17; 33–24–01–18; and 33–24– 24–05–160 through 33–24–05–170; 33–24– except Note following paragraph .1.a.(2); 33–
01–19, except .1.d. 05–176 through 33–24–05–188; 33–24–05– 24–06–04; 33–24–06–05.2.c; 33–24–06–06.1;
Chapter 33–24–02—Identification and 201 through 33–24–05–204; 33–24–05–230, 33–24–06–07; 33–24–06–08; 33–24–06–10
Listing of Hazardous Waste: Sections 33–24– except .2.c; 33–24–05–235, except .1/Table through 33–24–06–13; 33–24–06–14, except
02–01 through 33–24–02–03; 33–24–02–04, entries (6) and (7); 33–24–05–250 through .3.a.(4); 33–24–06–15 introductory paragraph
except .1.y; 33–24–02–05; 33–24–02–06, 33–24–05–253; 33–24–05–256; 33–24–05– through .1.a; 33–24–06–16.5 through .7; 33–
except .1.e; 33–24–02–07 through 33–24–02– 258; 33–24–05–265; 33–24–05–266; 33–24– 24–06–17 through 33–24–06–20; 33–24–06–
10; 33–24–02–11, except the phrase ‘‘or a 05–270 through 33–24–05–281; 33–24–05– 30 through 33–24–06–35; 33–24–06–45; 33–
miniflash continuously closed cup tester, 282, except .2; 33–24–05–283; 33–24–05– 24–06–48; 33–24–06–52; 33–24–06–56; 33–
using the test method specified in American 284.8 through .13; 33–24–05–285; 33–24–05– 24–06–57; 33–24–06–62; 33–24–06–65; 33–
Society for Testing and Material D6450–99 286; 33–24–05–288 through 33–24–05–290; 24–06–70; 33–24–06–73; 33–24–06–76; 33–
(incorporated by reference in section 33–24– 33–24–05–300 through 33–24–05–303; 33– 24–06–80; 33–24–06–85; 33–24–06–100; and
01–05)’’ in paragraph .1.a; 33–24–02–12 24–05–400 through 33–24–05–406; 33–24– Appendix I to Section 33–24–06–14.
through 33–24–02–19; 33–24–02–25 through 05–420 through 33–24–05–435; 33–24–05– Chapter 33–24–07—Permitting Procedures:
33–24–02–27; 33–24–02–33 through 33–24– 450 through 33–24–05–460; 33–24–05–475 Sections 33–24–07–01; 33–24–07–02; and
02–42; 33–24–02–50 through 33–24–02–70; through 33–24–05–477; 33–24–05–501 33–24–07–03, except .4.
33–24–02–120 through 33–24–02–129; 33– through 33–24–05–506; 33–24–05–525 Copies of the North Dakota regulations that
24–02–170 through 33–24–02–175; 33–24– through 33–24–05–537; 33–24–05–550 are incorporated by reference are available
02–180 through 33–24–02–194; 33–24–02– through 33–24–05–555; 33–24–05–600; 33– from North Dakota Legislative Counsel,
200 through 33–24–02–209; and Appendices 24–05–610 through 33–24–05–612; 33–24– Second Floor, State Capitol, 600 East
I, IV, and V. 05–620 through 33–24–05–624; 33–24–05– Boulevard, Bismarck, North Dakota 58505,
Chapter 33–24–03—Standards for 630 through 33–24–05–632; 33–24–05–640 phone number: (701) 328–2916.
Generators: Sections 33–24–03–01, except .4; through 33–24–05–647; 33–24–05–650
33–24–03–02; 33–24–03–03.1 and .2; 33–24– through 33–24–05–667; 33–24–05–670 * * * * *
03–03.3 except the phrase ‘‘and a transporter through 33–24–05–675; 33–24–05–680; 33– [FR Doc. 2018–11842 Filed 6–4–18; 8:45 am]
permit’’; 33–24–03–04 through 33–24–03–24; 24–05–681; 33–24–05–701 through 33–24– BILLING CODE 6560–50–P
amozie on DSK3GDR082PROD with PROPOSALS1
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Document Created: 2018-11-02 11:46:34
Document Modified: 2018-11-02 11:46:34
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments on this proposed rule must be received by July 5, 2018. | |
| Contact | Moye Lin, Resource Conservation and Recovery Program, EPA Region 8, 1595 Wynkoop Street, Denver, Colorado | |
| FR Citation | 83 FR 25986 | |
| CFR Citation | 40
CFR
271 40 CFR 272 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Confidential Business Information; Hazardous Waste; Hazardous Waste Transportation; Indian Lands; Intergovernmental Relations; Penalties; Reporting and Recordkeeping Requirements; Hazardous Materials Transportation; Incorporation by Reference; Water Pollution Control and Water Supply |
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