83 FR 54521 - North Dakota: Authorization of State Hazardous Waste Management Program Revisions and Incorporation by Reference of Approved State Hazardous Waste Management Program
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 210 (October 30, 2018)
Federal Register Volume 83, Issue 210 (October 30, 2018)
| Page Range | 54521-54525 | |
| FR Document | 2018-23633 |
[Federal Register Volume 83, Number 210 (Tuesday, October 30, 2018)] [Rules and Regulations] [Pages 54521-54525] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-23633] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 271 and 272 [EPA-R08-RCRA-2018-0084; FRL-9982-08-Region 8] North Dakota: Authorization of State Hazardous Waste Management Program Revisions and Incorporation by Reference of Approved State Hazardous Waste Management Program AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is granting final authorization to the hazardous waste program revisions submitted by North Dakota on September 20, 2016 and March 24, 2017. The EPA published a proposed rule on June 5, 2018, and provided for public comment. The comment period ended on July 5, 2018. No comments were received for this rulemaking. No further opportunity for comment will be provided. This final rule also codifies and incorporates by reference the authorized provisions of the North Dakota regulations in the Code of Federal Regulations. DATES: This final rule is effective on October 30, 2018. The incorporation by reference of authorized provisions in the North Dakota regulations contained in this rule is approved by the Director of the Federal Register as of October 30, 2018, in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R08-RCRA-2018-0084. All documents in the docket are listed on the http://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through 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. [[Page 54522]] FOR FURTHER INFORMATION CONTACT: Moye Lin, Resource Conservation and Recovery Program, EPA Region 8, 1595 Wynkoop Street, Denver, Colorado 80202-1129; phone number (303) 312-6667; Email address: lin.moye@epa.gov. SUPPLEMENTARY INFORMATION: I. Authorization of Revisions to North Dakota's Hazardous Waste Program and Clarification North Dakota submitted a final complete program revision application on September 20, 2016, and March 24, 2017, seeking authorization of their changes in accordance with 40 CFR 271.21. We now make a final decision that North Dakota's hazardous waste program revisions satisfy all of the requirements necessary to qualify for final authorization. For a list of rules that become effective with this final rule, please see the proposed rule published in the June 5, 2018 Federal Register at 83 FR 25986. The EPA is making one clarification to the proposed rule with respect to the impact of the vacatur of certain provisions of the Revisions to the Definition of Solid Waste (DSW) Rule published on January 13, 2015 (80 FR 1694), by the U.S. Court of Appeals for the District of Columbia Circuit, Am. Petroleum Inst. v. EPA, 862 F.3d 50 (D.C. Cir. 2017) and Am. Petroleum Inst. v. EPA, No. 09-1038 (D.C. Cir. Mar. 6, 2018). On May 30, 2018 (83 FR 24664; Response to Vacatur of Certain Provisions of the Definition of Solid Waste Rule), the EPA published a final which determined that for states such as North Dakota that had adopted the 2015 DSW rule, those state provisions will be considered broader in scope than the federal program as it pertains to the specific vacated provisions. II. Incorporation by Reference In the proposed rule published on June 5, 2018 (83 FR 25986), the EPA also proposed to codify the EPA's authorization of North Dakota's base hazardous waste management program and the state's revisions to that program. In this action, the EPA is amending 40 CFR 272.1751 to incorporate by reference North Dakota's authorized hazardous waste statutes and regulations. In accordance with the requirements of 1 CFR 51.5, the EPA is incorporating by reference North Dakota's authorized hazardous waste statutes and regulations as described in Section I, above. The EPA has made, and will continue to make, these materials generally available electronically through http://www.regulations.gov and in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). Copies of the regulations that are incorporated by reference are also available from the North Dakota Department of Health (NDDH) from 9:00 a.m. to 4:00 p.m., 918 East Divide Avenue, 3rd Floor, Bismarck, North Dakota 58501- 1947, phone number (701) 328-5166. The public is advised to call in advance to verify business hours. Section 272.1751 also references material which is not being incorporated by reference, but which the EPA considered in determining the adequacy of North Dakota's program. Section 272.1751(c)(2) references the demonstration of adequate authority, including procedural and enforcement provisions, which provides the legal basis for the state's implementation of the hazardous waste management program. In addition, Sec. 272.1751(c)(5), (c)(6), and (c)(7) reference the Memorandum of Agreement, the Attorney General's Statements, and the Program Description, respectively. These documents are evaluated as part of the approval process of the hazardous waste management program in accordance with subtitle C of RCRA but are not part of the material to be incorporated by reference. The public is reminded that some provisions of North Dakota's hazardous waste program are not part of the federally-authorized state program. These non- authorized provisions include: 1. Provisions that are not part of the RCRA subtitle C program because they are ``broader in scope'' than RCRA subtitle C (see 40 CFR 271.1(i)); 2. Federal rules for which North Dakota is not authorized, but which have been incorporated into the state regulations because of the way the state adopted federal regulations by reference; 3. State procedural and enforcement authorities which are necessary to establish the ability of the state's program to enforce compliance, but which do not supplant the federal statutory enforcement and procedural authorities. 4. Federal rules which North Dakota adopted, but which were vacated by the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Cir. No. 09-1038, rulings dated July 7, 2017, and March 6, 2018). State provisions that are ``broader in scope'' than the federal program are not incorporated by reference in 40 CFR part 272. For reference and clarity, the EPA lists in 40 CFR 272.1751(c)(3) the North Dakota statutory provisions that are ``broader in scope'' than the federal program, and which are not part of the authorized program being incorporated by reference. While ``broader in scope'' provisions are not part of the authorized program and cannot be enforced by the EPA, the state may enforce such provisions under state law. North Dakota has adopted, but is not authorized for, the federal rules published in the Federal Register on April 12, 1996 (61 FR 16290); October 22, 1998 (63 FR 56710), and January 8, 2010 (75 FR 1235). Therefore, these federal amendments included in North Dakota's adoption by reference at section 33-24-06-16.5 of the North Dakota Administrative Code, are not part of the state's authorized program and are not part of the incorporation by reference. The June 5, 2018 proposed rule provides details about state provisions which are not part of this amendment to the CFR, as well as the effect of North Dakota's codification on enforcement and on federal requirements promulgated under the Hazardous and Solid Waste Amendments of 1984 (HSWA). III. Administrative Requirements The Office of Management and Budget (OMB) has exempted this action from the requirements of Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011). This action authorizes and codifies state requirements for the purpose of RCRA section 3006 and imposes no additional requirements beyond those imposed by state law. Therefore, this action is not subject to review by OMB. This action is not subject to Executive Order 13771 (82 FR 9339, February 3, 2017) because today's authorization and codification of North Dakota's revised hazardous waste program under RCRA is exempted under Executive Order 12866. Accordingly, I certify that this action will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this action authorizes and codifies pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538). For the same reason, this action also does not significantly or uniquely affect the communities of tribal governments, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action will not have substantial direct effects on the states, on the relationship between the national [[Page 54523]] government and the states, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999), because it merely authorizes and codifies state requirements as part of the state RCRA hazardous waste program without altering the relationship or the distribution of power and responsibilities established by RCRA. This action also is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is not economically significant, and it does not make decisions based on environmental health or safety risks. This action is not subject to Executive Order 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001), because it is not a significant regulatory action under Executive Order 12866. Under RCRA 3006(b), the EPA grants a state's application for authorization as long as the state meets the criteria required by RCRA. It would thus be inconsistent with applicable law for the EPA, when it reviews a state authorization application, to require the use of any particular voluntary consensus standard in place of another standard that otherwise satisfies the requirements of RCRA. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this action, the EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation and provide a clear legal standard for affected conduct. The EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the takings implications of the action in accordance with the ``Attorney General's Supplemental Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued under the executive order. This action does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). ``Burden'' is defined at 5 CFR 1320.3(b). Executive Order 12898 (59 FR 7629, February 16, 1994) establishes federal executive policy on environmental justice. Its main provision directs federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. Because this rule authorizes and codifies pre-existing state rules which are at least equivalent to, and no less stringent than existing federal requirements, and imposes no additional requirements beyond those imposed by state law, and there are no anticipated significant adverse human health or environmental effects, the rule is not subject to Executive Order 12898. The Congressional Review Act, 5 U.S.C. 801-808, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this document and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). This action will be effective October 30, 2018. List of Subjects 40 CFR Part 271 Environmental protection, Administrative practice and procedure, Confidential business information, Hazardous waste, Hazardous waste transportation, Indian lands, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements. 40 CFR Part 272 Environmental protection, Hazardous materials transportation, Hazardous waste, Incorporation by reference, Intergovernmental relations, Water pollution control, Water supply. Authority: This rule is issued under the authority of Sections 2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as amended, 42 U.S.C. 6912(a), 6926, 6974(b). Dated: October 24, 2018 Douglas Benevento, Regional Administrator, EPA Region 8. For the reasons set forth in the preamble, under the authority at 42 U.S.C. 6912(a), 6926, and 6974(b), EPA is granting final authorization under part 271 to the State of North Dakota for revisions to its hazardous waste program under the Resource Conservation and Recovery Act and is amending 40 CFR part 272 as follows: PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS 0 1. The authority citation for part 272 continues to read as follows: Authority: Sections 2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b). 0 2. Revise Sec. 272.1751 to read as follows: Sec. 272.1751 North Dakota State-administered program: Final authorization. (a) History of the State of North Dakota authorization. Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), North Dakota has final authorization for the following elements as submitted to the EPA in North Dakota's base program application for final authorization which was approved by the EPA effective on October 19, 1984. Subsequent program revision applications were approved effective on August 24, 1990, July 6, 1992, June 6, 1994, March 20, 2000, November 25, 2005, April 14, 2008, and October 30, 2018. (b) Enforcement authority. The State of North Dakota has primary responsibility for enforcing its hazardous waste management program. However, the EPA retains the authority to exercise its inspection and enforcement authorities in accordance with sections 3007, 3008, 3013, 7003 of RCRA, 42 U.S.C. 6927, 6928, 6934, 6973, and any other applicable statutory and regulatory provisions, regardless of whether the state has taken its own actions, as well as in accordance with other statutory and regulatory provisions. (c) State Statutes and Regulations--(1) Incorporation by reference. The North Dakota statutes and regulations cited in paragraph (c)(1)(i) of this section are incorporated by reference as part of the hazardous waste management program under Subtitle C of RCRA, 42 U.S.C. 6921 et seq. This incorporation by reference is approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain copies of the North Dakota regulations that are incorporated by reference in this paragraph from the North Dakota Legislative Council, Second Floor, State Capitol, 600 E Boulevard Avenue, Bismarck, North Dakota 58505, phone (701) 328-2916. You may inspect a copy at EPA Region 8, 1595 Wynkoop Street, [[Page 54524]] Denver, Colorado, phone number (303) 312-6231, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741-6030, or go to: http:/www.archives.gov/federal-register/cfr/ibr-locations.html. (i) The Binder entitled ``EPA-Approved North Dakota Statutory and Regulatory Requirements Applicable to the Hazardous Waste Management Program,'' dated April 2018. (ii) [Reserved] (2) Legal basis. The EPA considered the following statutes and regulations in evaluating the state program but is not incorporating them herein for enforcement purposes: (i) North Dakota Century Code (NDCC), Volume 13A, 2012 Replacement, North Dakota Constitution, Article XI: Sections 5 and 6. (ii) North Dakota Century Code, Volume 4A, 2012 Replacement. Chapter 23-01 ``State Department of Health,'' Section 23-01-04.1; Chapter 23-20.3 ``Hazardous Waste Management,'' Sections 23-20.3-01, 23-20.3-02 introductory paragraph, (2), (3) through (8), (10), (13) through (16), and (18); 23-20.3-03; 23-20.3-04; 23-20.3-05(3), (5), (6), and (8); 23-20.3-06 through 23-20.3-10; and Chapter 23-29 ``Solid Waste Management and Land Protection,'' Section 23-29-04. (iii) North Dakota Century Code, Volume 4A, 2015 Pocket Supplement. Chapter 23-01 ``State Department of Health,'' Section 23-01-36. (iv) North Dakota Century Code, Volume 5, 2012 Replacement. Chapter 28-32 ``Administrative Agencies Practice Act,'' Section 28-32-21.1 ``Actions against administrative agencies--Attorney's fees and costs.'' (v) North Dakota Century Code, Volume 6, 2012 Replacement. Chapter 32-40 ``Environmental Law Enforcement,'' Sections 32-40-03 through 32- 40-11. (vi) North Dakota Century Code, Volume 9A, 2012 Replacement, as amended by the 2015 Pocket Supplement. Chapter 44-04 ``Duties, records and meetings,'' Sections 44-04-18 through 19.1. (vii) North Dakota Administrative Code (NDAC), Article 33-24, Hazardous Waste Management, as amended through January 1, 2016. Sections 33-24-01-15; 33-24-01-16; 33-24-06-05, except .2.c; 33-24-06- 06.2; 33-24-06-09; 33-24-06-15.1.6 through .3.b; 33-24-07-03.4; 33-24- 07-04 through 33-24-07-14; 33-24-07-25 through 33-24-07-27; and 33-24- 07-40 through 33-24-07-54. (3) Related legal provisions. The following statutory and regulatory provisions are broader in scope than the federal program, are not part of the authorized program, are not incorporated by reference, and are not federally enforceable: (i) North Dakota Century Code, 2012 Replacement, Volume 4A, Chapter 23-01 ``State Department of Health,'' Section 23-01-04.1(6). (ii) North Dakota Century Code, Volume 4A, 2012 Replacement. Chapter 23-20.3 ``Hazardous Waste Management,'' Sections 23-20.3-02(1); 23-20.3-05.1; 23-20.3-05.2; and 23-20.3-05.3. (iii) North Dakota Administrative Code, Article 33-24, ``Hazardous Waste Management,'' as amended through January 1, 2016, Sections 33-24- 01-09.4; 33-24-01-10.4; 33-24-01-19.1.d; 33-24-02-04.1.y; 33-24-03- 03.4; 33-24-04-02.3; 33-24-05-02 second sentence; 33-24-06-14.3.a(4); and 33-24-06-21. (iv) North Dakota's hazardous waste regulations set forth additional transporter requirements including permit requirements at 33-24-04-02. The transporter permit requirements are broader in scope than the federal program. (4) Unauthorized State amendments and provisions. (i) North Dakota has partially or fully adopted, but is not authorized to implement, the federal rule published in the Federal Register on October 22, 1998, titled Standards Applicable to Owners and Operators of Closed and Closing Hazardous Waste Management Facilities: Post-Closure Permit Requirement and Closure Process; Final Rule (HSWA/non-HSWA). The EPA will continue to implement the federal HSWA requirements for which North Dakota is not authorized until the state receives specific authorization for those requirements. (ii) The following federal rules are not delegable to states. North Dakota has adopted these provisions and left the authority to the EPA for implementation and enforcement: Imports and Exports of Hazardous Waste: Implementation of OECD Council Decision C(92)39 Concerning the Control of Transfrontier Movements of Wastes Destined for Recovery Operations, published April 12, 1996; and Revisions to the Requirements for: Transboundary Shipments of Hazardous Wastes Between OECD Member Countries, Export Shipments of Spent Lead-Acid Batteries, Submitting Exception Reports for Export Shipments of Hazardous Wastes, and Imports of Hazardous Wastes, published January 8, 2010. (iii) North Dakota has adopted the following federal provisions from the Revisions to the Definition of Solid Waste Rule, published January 13, 2015, which have since been vacated by the U.S. Court of Appeals for the District of Columbia Circuit in Am. Petroleum Inst. v. EPA, 862 F.3d 50 (D.C. Cir. 2017) and Am. Petroleum Inst. v. EPA, No. 09-1038 (D.C. Cir. Mar. 6, 2018) (vacating both the Factor 4 Legitimacy Test and the Verified Recycler Exclusion aspects of the 2015 DSW Rule): One criterion in the determination of whether recycling is legitimate at 40 CFR 260.43(a)(4); the verified recycler exclusion, which allowed generators to send their hazardous secondary materials to certain reclaimers at 40 CFR 261.4(a)(24); and the associated provisions at 40 CFR 260.30(d) and 260.31(d), which address the criteria in the variance determination for exceptions to the classification of hazardous secondary materials as a solid waste. As a result, those state provisions will be considered broader in scope than the federal program, as it pertains to the specific vacated provisions, and are listed in Sec. 272.1751(c)(3)(iii) with the rest of North Dakota's broader in scope regulatory provisions). (5) Memorandum of Agreement. The Memorandum of Agreement between the EPA Region 8 and the State of North Dakota, signed by the Environmental Health Section of the North Dakota Department of Health on July 18, 2016, although not incorporated by reference, is referenced as part of the authorized hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq. (6) Statement of Legal Authority. ``Attorney General's Statement: Hazardous Waste Management Program'' signed by the Attorney General of North Dakota on June 8, 1984, and revisions, supplements, and addenda to that Statement dated February 22, 1989, February 11, 1984, October 13, 1999, April 23, 2004, August 19, 2004, and December 5, 2016, although not incorporated by reference, are referenced as part of the authorized hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq. (7) Program Description. The Program Description and any other materials submitted as supplements, although not incorporated by reference, are referenced as part of the authorized hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq. [[Page 54525]] 0 3. Appendix A to part 272 is amended by revising the listing for ``North Dakota'' to read as follows: Appendix A to Part 272--State Requirements * * * * * North Dakota (a) The statutory provisions include: North Dakota Century Code (NDCC), Volume 4A, 2012 Replacement. Chapter 23-20.3 ``Hazardous Waste Management,'' Sections 23-20.3-05(1), (2), (4), (7), and (9). Copies of the North Dakota statutes that are incorporated by reference are available from Matthew Bender & Company Inc., 701 E Water Street, Charlottesville, VA 22902-5389, phone number: (800) 833-9844. (b) The regulatory provisions include: North Dakota Administrative Code (NDAC), Article 33-24, as revised January 1, 2016, except reserved provisions. Chapter 33-24-01--General provisions: Sections 33-24-01-01 through 33-24-01-04, 33-24-01-05, except .2.k and .7.a; 33-24-01-06 through 33-24-01-09; 33-24-01-10, except .4.f; 33-24-01-11 through 33-24-01-14; 33-24-01-17; 33-24-01-18; and 33-24-01-19, except .1.d. Chapter 33-24-02--Identification and Listing of Hazardous Waste: Sections 33-24-02-01 through 33-24-02-03; 33-24-02-04, except .1.y; 33-24-02-05; 33-24-02-06, except .1.e; 33-24-02-07 through 33-24-02- 10; 33-24-02-11, except the phrase ``or a miniflash continuously closed cup tester, using the test method specified in American Society for Testing and Material D6450-99 (incorporated by reference in section 33-24-01-05)'' in paragraph .1.a; 33-24-02-12 through 33- 24-02-19; 33-24-02-25 through 33-24-02-27; 33-24-02-33 through 33- 24-02-42; 33-24-02-50 through 33-24-02-70; 33-24-02-120 through 33- 24-02-129; 33-24-02-170 through 33-24-02-175; 33-24-02-180 through 33-24-02-194; 33-24-02-200 through 33-24-02-209; and Appendices I, IV, and V. Chapter 33-24-03--Standards for Generators: Sections 33-24-03- 01, except .4; 33-24-03-02; 33-24-03-03.1 and .2; 33-24-03-03.3 except the phrase ``and a transporter permit''; 33-24-03-04 through 33-24-03-24; 33-24-03-30; 33-24-03-40; 33-24-03-60 through 33-24-03- 77; and Appendix I. Chapter 33-24-04--Standards for Transporters: Sections 33-24-04- 01, except .4 and Note following paragraph .3.b; 33-24-04-02.1, except the phrase ``, a transporter permit, and a registration certificate''; 33-24-04-02.2, except the phrases ``and a registration certificate, or a transporter permit,'' in the first sentence, and ``and issue a registration certificate'' in the second sentence; and 33-24-04-03 through 33-24-04-08. Chapter 33-24-05--Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Waste and Specific Types of Hazardous Waste Management Facilities: Sections 33-24-05-01; 33-24-05-02, except the second sentence; 33-24-05-03, except 33-24-05-03.1; 33-24-05-04 through 33-24-05-10; 33-24-05-15 through 33-24-05-20; 33-24-05-26 through 33-24-05-31; 33-24-05-37; 33-24-05-38, except .1.c and .4; 33-24-05-39 through 33-24-05-44; 33-24-05-47 through 33-24-05-69; 33-24-05-74 through 33-24-05-81; 33-24-05-89 through 33-24-05-98; 33-24-05-103 through 33-24-05-115; 33-24-05-118 through 33-24-05-128; 33-24-05-130 through 33-24-05- 138; 33-24-05-144 through 33-24-05-151; 33-24-05-160 through 33-24- 05-170; 33-24-05-176 through 33-24-05-188; 33-24-05-201 through 33- 24-05-204; 33-24-05-230, except .2.c; 33-24-05-235, except .1/Table entries (6) and (7); 33-24-05-250 through 33-24-05-253; 33-24-05- 256; 33-24-05-258; 33-24-05-265; 33-24-05-266; 33-24-05-270 through 33-24-05-281; 33-24-05-282, except .2; 33-24-05-283; 33-24-05-284.8 through .13; 33-24-05-285; 33-24-05-286; 33-24-05-288 through 33-24- 05-290; 33-24-05-300 through 33-24-05-303; 33-24-05-400 through 33- 24-05-406; 33-24-05-420 through 33-24-05-435; 33-24-05-450 through 33-24-05-460; 33-24-05-475 through 33-24-05-477; 33-24-05-501 through 33-24-05-506; 33-24-05-525 through 33-24-05-537; 33-24-05- 550 through 33-24-05-555; 33-24-05-600; 33-24-05-610 through 33-24- 05-612; 33-24-05-620 through 33-24-05-624; 33-24-05-630 through 33- 24-05-632; 33-24-05-640 through 33-24-05-647; 33-24-05-650 through 33-24-05-667; 33-24-05-670 through 33-24-05-675; 33-24-05-680; 33- 24-05-681; 33-24-05-701 through 33-24-05-705; 33-24-05-708 through 33-24-05-720; 33-24-05-730 through 33-24-05-740; 33-24-05-750 through 33-24-05-756; 33-24-05-760 through 33-24-05-762; 33-24-05- 770, except .4; 33-24-05-780; 33-24-05-781; 33-24-05-800 through 33- 24-05-802; 33-24-05-820 through 33-24-05-826; 33-24-05-850; 33-24- 05-855 through 33-24-05-857; 33-24-05-860; 33-24-05-865; 33-24-05- 866; 33-24-05-870; 33-24-05-875; 33-24-05-880; 33-24-05-885; 33-24- 05-890; 33-24-05-895 through 33-24-05-900; 33-24-05-905; 33-24-05- 910; 33-24-05-915; 33-24-05-916; 33-24-05-950; 33-24-05-951; 33-24- 05-960; 33-24-05-961; 33-24-05-963 through 33-24-05-968; 33-24-05- 980 through 33-24-05-986; 33-24-05-990 through 33-24-05-998; 33-24- 05-1010 through 33-24-05-1016; 33-24-05-1020; 33-24-05-1031; 33-24- 05-1040 through 33-24-05-1043; 33-24-05-1045 through 33-24-05-1047; 33-24-05-1060 through 33-24-05-1063; 33-24-05-1067; 33-24-05-1068; 33-24-05-1071; 33-24-05-1080 through 33-24-05-1087; 33-24-05-1100 through 33-24-05-1114; 33-24-05-1130 through 33-24-05-1138; and Appendices I through VIII, X through XIII, XV through XXIV, and XXVI through XXIX. Chapter 33-24-06--Permits: Sections 33-24-06-01; 33-24-06-02, 33-24-06-03, except Note following paragraph .1.a.(2); 33-24-06-04; 33-24-06-05.2.c; 33-24-06-06.1; 33-24-06-07; 33-24-06-08; 33-24-06- 10 through 33-24-06-13; 33-24-06-14, except .3.a.(4); 33-24-06-15 introductory paragraph through .1.a; 33-24-06-16.5 through .7; 33- 24-06-17 through 33-24-06-20; 33-24-06-30 through 33-24-06-35; 33- 24-06-45; 33-24-06-48; 33-24-06-52; 33-24-06-56; 33-24-06-57; 33-24- 06-62; 33-24-06-65; 33-24-06-70; 33-24-06-73; 33-24-06-76; 33-24-06- 80; 33-24-06-85; 33-24-06-100; and Appendix I to Section 33-24-06- 14. Chapter 33-24-07--Permitting Procedures: Sections 33-24-07-01; 33-24-07-02; and 33-24-07-03, except .4. Copies of the North Dakota regulations that are incorporated by reference are available from North Dakota Legislative Counsel, Second Floor, State Capitol, 600 East Boulevard Avenue, Bismarck, North Dakota 58505, phone number: (701) 328-2916. * * * * * [FR Doc. 2018-23633 Filed 10-29-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 210 / Tuesday, October 30, 2018 / Rules and Regulations 54521
3. This rule does not contain policies 601, et seq., are not applicable. CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR
with Federalism implications as that Accordingly, no regulatory flexibility 5079, 3 CFR, 1995 Comp., p. 356; E.O. 13026,
term is defined in Executive Order analysis is required and none has been 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O.
13132. prepared. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p.
208; E.O. 13222, 66 FR 44025, 3 CFR, 2001
4. Pursuant to section 1762 of the List of Subjects in 15 CFR Part 744 Comp., p. 783; E.O. 13224, 66 FR 49079, 3
Export Control Reform Act of 2018 CFR, 2001 Comp., p. 786; Notice of
(Title XVII, Subtitle B of Pub. L. 115– Exports, Reporting and recordkeeping September 18, 2017, 82 FR 43825 (September
232), which was included in the John S. requirements, Terrorism. 19, 2017); Notice of November 6, 2017, 82 FR
McCain National Defense Authorization Accordingly, part 744 of the Export 51971 (November 8, 2017); Notice of January
Act for Fiscal Year 2019, this action is Administration Regulations (15 CFR 17, 2018, 83 FR 2731 (January 18, 2018);
exempt from the Administrative parts 730–774) is amended as follows: Notice of August 8, 2018, 83 FR 39871
Procedure Act (APA) (5 U.S.C. 553) (August 13, 2018).
requirements for notice of proposed PART 744—[AMENDED]
■ 2. Supplement No. 4 to part 744 is
rulemaking, opportunity for public ■ 1. The authority citation for 15 CFR amended by adding in alphabetical
participation, and delay in effective part 744 continues to read as follows: order, under CHINA, PEOPLE’S
date. REPUBLIC OF, one Chinese entity,
5. Because a notice of proposed Authority: Pub. L. 115–232, Title XVII,
Subtitle B. 50 U.S.C. 4601 et seq.; 50 U.S.C.
‘‘Fujian Jinhua Integrated Circuit
rulemaking and an opportunity for 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. Company, Ltd.’’ to read as follows:
public comment are not required to be 2139a; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210;
given for this rule by the APA or any Supplement No. 4 to Part 744—Entity
E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., List
other law, the analytical requirements of p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993
the Regulatory Flexibility Act, 5 U.S.C. Comp., p. 608; E.O. 12938, 59 FR 59099, 3 * * * * *
Federal
License License
Country Entity Register
requirement review policy citation
* * * * * * *
CHINA, PEOPLE’S REPUBLIC OF ..... * * * * * *
Fujian Jinhua Integrated Circuit Com- For all items sub- Presumption of de- 83 FR [INSERT
pany, Ltd., a.k.a., the following one ject to the EAR. nial. FR PAGE NUM-
alias: -JHICC. (See § 744.11 of BER] 10/30/
the EAR). 2018.
Sanchuang Park, Century Avenue,
Jinjiang City, Fujian Province, China.
* * * * * *
* * * * * * *
Dated: October 25, 2018. SUMMARY: The Environmental Protection No. EPA–R08–RCRA–2018–0084. All
Richard E. Ashooh, Agency (EPA) is granting final documents in the docket are listed on
Assistant Secretary for Export authorization to the hazardous waste the http://www.regulations.gov website.
Administration. program revisions submitted by North Although listed in the index, some
[FR Doc. 2018–23693 Filed 10–29–18; 8:45 am] Dakota on September 20, 2016 and information is not publicly available,
BILLING CODE 3510–33–P March 24, 2017. The EPA published a e.g., Confidential Business Information
proposed rule on June 5, 2018, and (CBI) or other information whose
provided for public comment. The disclosure is restricted by statute.
comment period ended on July 5, 2018. Certain other material, such as
ENVIRONMENTAL PROTECTION No comments were received for this copyrighted material, is not placed on
AGENCY rulemaking. No further opportunity for the internet and will be publicly
comment will be provided. This final available only in hard copy form.
40 CFR Parts 271 and 272 rule also codifies and incorporates by
Publicly available docket materials are
reference the authorized provisions of
available either electronically through
[EPA–R08–RCRA–2018–0084; FRL–9982– the North Dakota regulations in the
08–Region 8] Code of Federal Regulations. http://www.regulations.gov or in hard
copy at: EPA Region 8, from 8:00 a.m.
North Dakota: Authorization of State DATES: This final rule is effective on to 4:00 p.m., 1595 Wynkoop Street,
Hazardous Waste Management October 30, 2018. The incorporation by Denver, Colorado 80202–1129, contact:
Program Revisions and Incorporation reference of authorized provisions in the Moye Lin, phone number (303) 312–
North Dakota regulations contained in
khammond on DSK30JT082PROD with RULES
by Reference of Approved State 6667, or the North Dakota Department of
Hazardous Waste Management this rule is approved by the Director of Health (NDDH) from 9:00 a.m. to 4:00
Program the Federal Register as of October 30, p.m., 918 East Divide Avenue, 3rd
2018, in accordance with 5 U.S.C. 552(a) Floor, Bismarck, North Dakota 58501–
AGENCY: Environmental Protection and 1 CFR part 51.
Agency (EPA). 1947, phone number (701) 328–5166.
ADDRESSES: The EPA has established a The public is advised to call in advance
ACTION: Final rule.
docket for this action under Docket ID to verify business hours.
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![54524 Federal Register / Vol. 83, No. 210 / Tuesday, October 30, 2018 / Rules and Regulations
Denver, Colorado, phone number (303) (3) Related legal provisions. The (iii) North Dakota has adopted the
312–6231, or at the National Archives following statutory and regulatory following federal provisions from the
and Records Administration (NARA). provisions are broader in scope than the Revisions to the Definition of Solid
For information on the availability of federal program, are not part of the Waste Rule, published January 13, 2015,
this material at NARA, call (202) 741– authorized program, are not which have since been vacated by the
6030, or go to: http:/www.archives.gov/ incorporated by reference, and are not U.S. Court of Appeals for the District of
federal-register/cfr/ibr-locations.html. federally enforceable: Columbia Circuit in Am. Petroleum Inst.
(i) The Binder entitled ‘‘EPA- (i) North Dakota Century Code, 2012 v. EPA, 862 F.3d 50 (D.C. Cir. 2017) and
Approved North Dakota Statutory and Replacement, Volume 4A, Chapter 23– Am. Petroleum Inst. v. EPA, No. 09–
Regulatory Requirements Applicable to 01 ‘‘State Department of Health,’’ 1038 (D.C. Cir. Mar. 6, 2018) (vacating
the Hazardous Waste Management Section 23–01–04.1(6). both the Factor 4 Legitimacy Test and
Program,’’ dated April 2018. (ii) North Dakota Century Code, the Verified Recycler Exclusion aspects
(ii) [Reserved] Volume 4A, 2012 Replacement. Chapter of the 2015 DSW Rule): One criterion in
(2) Legal basis. The EPA considered 23–20.3 ‘‘Hazardous Waste the determination of whether recycling
the following statutes and regulations in Management,’’ Sections 23–20.3–02(1); is legitimate at 40 CFR 260.43(a)(4); the
evaluating the state program but is not 23–20.3–05.1; 23–20.3–05.2; and 23– verified recycler exclusion, which
incorporating them herein for 20.3–05.3.
allowed generators to send their
enforcement purposes: (iii) North Dakota Administrative
Code, Article 33–24, ‘‘Hazardous Waste hazardous secondary materials to
(i) North Dakota Century Code certain reclaimers at 40 CFR
Management,’’ as amended through
(NDCC), Volume 13A, 2012 261.4(a)(24); and the associated
January 1, 2016, Sections 33–24–01–
Replacement, North Dakota provisions at 40 CFR 260.30(d) and
09.4; 33–24–01–10.4; 33–24–01–19.1.d;
Constitution, Article XI: Sections 5 and 260.31(d), which address the criteria in
33–24–02–04.1.y; 33–24–03–03.4; 33–
6. the variance determination for
24–04–02.3; 33–24–05–02 second
(ii) North Dakota Century Code, sentence; 33–24–06–14.3.a(4); and 33– exceptions to the classification of
Volume 4A, 2012 Replacement. Chapter 24–06–21. hazardous secondary materials as a
23–01 ‘‘State Department of Health,’’ (iv) North Dakota’s hazardous waste solid waste. As a result, those state
Section 23–01–04.1; Chapter 23–20.3 regulations set forth additional provisions will be considered broader in
‘‘Hazardous Waste Management,’’ transporter requirements including scope than the federal program, as it
Sections 23–20.3–01, 23–20.3–02 permit requirements at 33–24–04–02. pertains to the specific vacated
introductory paragraph, (2), (3) through The transporter permit requirements are provisions, and are listed in
(8), (10), (13) through (16), and (18); 23– broader in scope than the federal § 272.1751(c)(3)(iii) with the rest of
20.3–03; 23–20.3–04; 23–20.3–05(3), (5), program. North Dakota’s broader in scope
(6), and (8); 23–20.3–06 through 23– (4) Unauthorized State amendments regulatory provisions).
20.3–10; and Chapter 23–29 ‘‘Solid and provisions. (i) North Dakota has (5) Memorandum of Agreement. The
Waste Management and Land partially or fully adopted, but is not Memorandum of Agreement between
Protection,’’ Section 23–29–04. authorized to implement, the federal the EPA Region 8 and the State of North
(iii) North Dakota Century Code, rule published in the Federal Register Dakota, signed by the Environmental
Volume 4A, 2015 Pocket Supplement. on October 22, 1998, titled Standards Health Section of the North Dakota
Chapter 23–01 ‘‘State Department of Applicable to Owners and Operators of Department of Health on July 18, 2016,
Health,’’ Section 23–01–36. Closed and Closing Hazardous Waste although not incorporated by reference,
(iv) North Dakota Century Code, Management Facilities: Post-Closure is referenced as part of the authorized
Volume 5, 2012 Replacement. Chapter Permit Requirement and Closure hazardous waste management program
28–32 ‘‘Administrative Agencies Process; Final Rule (HSWA/non- under subtitle C of RCRA, 42 U.S.C.
Practice Act,’’ Section 28–32–21.1 HSWA). The EPA will continue to 6921 et seq.
‘‘Actions against administrative implement the federal HSWA
agencies—Attorney’s fees and costs.’’ requirements for which North Dakota is (6) Statement of Legal Authority.
(v) North Dakota Century Code, not authorized until the state receives ‘‘Attorney General’s Statement:
Volume 6, 2012 Replacement. Chapter specific authorization for those Hazardous Waste Management
32–40 ‘‘Environmental Law requirements. Program’’ signed by the Attorney
Enforcement,’’ Sections 32–40–03 (ii) The following federal rules are not General of North Dakota on June 8,
through 32–40–11. delegable to states. North Dakota has 1984, and revisions, supplements, and
(vi) North Dakota Century Code, adopted these provisions and left the addenda to that Statement dated
Volume 9A, 2012 Replacement, as authority to the EPA for implementation February 22, 1989, February 11, 1984,
amended by the 2015 Pocket and enforcement: Imports and Exports October 13, 1999, April 23, 2004,
Supplement. Chapter 44–04 ‘‘Duties, of Hazardous Waste: Implementation of August 19, 2004, and December 5, 2016,
records and meetings,’’ Sections 44–04– OECD Council Decision C(92)39 although not incorporated by reference,
18 through 19.1. Concerning the Control of Transfrontier are referenced as part of the authorized
(vii) North Dakota Administrative Movements of Wastes Destined for hazardous waste management program
Code (NDAC), Article 33–24, Hazardous Recovery Operations, published April under subtitle C of RCRA, 42 U.S.C.
Waste Management, as amended 12, 1996; and Revisions to the 6921 et seq.
through January 1, 2016. Sections 33– Requirements for: Transboundary (7) Program Description. The Program
khammond on DSK30JT082PROD with RULES
24–01–15; 33–24–01–16; 33–24–06–05, Shipments of Hazardous Wastes Description and any other materials
except .2.c; 33–24–06–06.2; 33–24–06– Between OECD Member Countries, submitted as supplements, although not
09; 33–24–06–15.1.6 through .3.b; 33– Export Shipments of Spent Lead-Acid incorporated by reference, are
24–07–03.4; 33–24–07–04 through 33– Batteries, Submitting Exception Reports referenced as part of the authorized
24–07–14; 33–24–07–25 through 33–24– for Export Shipments of Hazardous hazardous waste management program
07–27; and 33–24–07–40 through 33– Wastes, and Imports of Hazardous under subtitle C of RCRA, 42 U.S.C.
24–07–54. Wastes, published January 8, 2010. 6921 et seq.
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■ 3. Appendix A to part 272 is amended Chapter 33–24–04—Standards for 33–24–05–750 through 33–24–05–756; 33–
by revising the listing for ‘‘North Transporters: Sections 33–24–04–01, except 24–05–760 through 33–24–05–762; 33–24–
Dakota’’ to read as follows: .4 and Note following paragraph .3.b; 33–24– 05–770, except .4; 33–24–05–780; 33–24–05–
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;
North Dakota a registration certificate’’ in the second 33–24–05–880; 33–24–05–885; 33–24–05–
sentence; and 33–24–04–03 through 33–24–
(a) The statutory provisions include: North 890; 33–24–05–895 through 33–24–05–900;
04–08.
Dakota Century Code (NDCC), Volume 4A, Chapter 33–24–05—Standards for 33–24–05–905; 33–24–05–910; 33–24–05–
2012 Replacement. Chapter 23–20.3 Treatment, Storage, and Disposal Facilities 915; 33–24–05–916; 33–24–05–950; 33–24–
‘‘Hazardous Waste Management,’’ Sections and for the Management of Specific 05–951; 33–24–05–960; 33–24–05–961; 33–
23–20.3–05(1), (2), (4), (7), and (9). Copies of Hazardous Waste and Specific Types of 24–05–963 through 33–24–05–968; 33–24–
the North Dakota statutes that are Hazardous Waste Management Facilities: 05–980 through 33–24–05–986; 33–24–05–
incorporated by reference are available from Sections 33–24–05–01; 33–24–05–02, except 990 through 33–24–05–998; 33–24–05–1010
Matthew Bender & Company Inc., 701 E the second sentence; 33–24–05–03, except through 33–24–05–1016; 33–24–05–1020;
Water Street, Charlottesville, VA 22902– 33–24–05–03.1; 33–24–05–04 through 33– 33–24–05–1031; 33–24–05–1040 through 33–
5389, phone number: (800) 833–9844. 24–05–10; 33–24–05–15 through 33–24–05– 24–05–1043; 33–24–05–1045 through 33–24–
(b) The regulatory provisions include: 20; 33–24–05–26 through 33–24–05–31; 33– 05–1047; 33–24–05–1060 through 33–24–05–
North Dakota Administrative Code (NDAC), 24–05–37; 33–24–05–38, except .1.c and .4; 1063; 33–24–05–1067; 33–24–05–1068; 33–
Article 33–24, as revised January 1, 2016, 33–24–05–39 through 33–24–05–44; 33–24– 24–05–1071; 33–24–05–1080 through 33–24–
except reserved provisions. 05–47 through 33–24–05–69; 33–24–05–74 05–1087; 33–24–05–1100 through 33–24–05–
Chapter 33–24–01—General provisions: through 33–24–05–81; 33–24–05–89 through 1114; 33–24–05–1130 through 33–24–05–
Sections 33–24–01–01 through 33–24–01–04, 33–24–05–98; 33–24–05–103 through 33–24– 1138; and Appendices I through VIII, X
33–24–01–05, except .2.k and .7.a; 33–24– 05–115; 33–24–05–118 through 33–24–05– through XIII, XV through XXIV, and XXVI
01–06 through 33–24–01–09; 33–24–01–10, 128; 33–24–05–130 through 33–24–05–138;
through XXIX.
except .4.f; 33–24–01–11 through 33–24–01– 33–24–05–144 through 33–24–05–151; 33–
14; 33–24–01–17; 33–24–01–18; and 33–24– Chapter 33–24–06—Permits: Sections 33–
24–05–160 through 33–24–05–170; 33–24–
01–19, except .1.d. 05–176 through 33–24–05–188; 33–24–05– 24–06–01; 33–24–06–02, 33–24–06–03,
Chapter 33–24–02—Identification and 201 through 33–24–05–204; 33–24–05–230, except Note following paragraph .1.a.(2); 33–
Listing of Hazardous Waste: Sections 33–24– except .2.c; 33–24–05–235, except .1/Table 24–06–04; 33–24–06–05.2.c; 33–24–06–06.1;
02–01 through 33–24–02–03; 33–24–02–04, entries (6) and (7); 33–24–05–250 through 33–24–06–07; 33–24–06–08; 33–24–06–10
except .1.y; 33–24–02–05; 33–24–02–06, 33–24–05–253; 33–24–05–256; 33–24–05– through 33–24–06–13; 33–24–06–14, except
except .1.e; 33–24–02–07 through 33–24–02– 258; 33–24–05–265; 33–24–05–266; 33–24– .3.a.(4); 33–24–06–15 introductory paragraph
10; 33–24–02–11, except the phrase ‘‘or a 05–270 through 33–24–05–281; 33–24–05– through .1.a; 33–24–06–16.5 through .7; 33–
miniflash continuously closed cup tester, 282, except .2; 33–24–05–283; 33–24–05– 24–06–17 through 33–24–06–20; 33–24–06–
using the test method specified in American 284.8 through .13; 33–24–05–285; 33–24–05– 30 through 33–24–06–35; 33–24–06–45; 33–
Society for Testing and Material D6450–99 286; 33–24–05–288 through 33–24–05–290; 24–06–48; 33–24–06–52; 33–24–06–56; 33–
(incorporated by reference in section 33–24– 33–24–05–300 through 33–24–05–303; 33– 24–06–57; 33–24–06–62; 33–24–06–65; 33–
01–05)’’ in paragraph .1.a; 33–24–02–12 24–05–400 through 33–24–05–406; 33–24– 24–06–70; 33–24–06–73; 33–24–06–76; 33–
through 33–24–02–19; 33–24–02–25 through 05–420 through 33–24–05–435; 33–24–05– 24–06–80; 33–24–06–85; 33–24–06–100; and
33–24–02–27; 33–24–02–33 through 33–24– 450 through 33–24–05–460; 33–24–05–475 Appendix I to Section 33–24–06–14.
02–42; 33–24–02–50 through 33–24–02–70; through 33–24–05–477; 33–24–05–501 Chapter 33–24–07—Permitting Procedures:
33–24–02–120 through 33–24–02–129; 33– through 33–24–05–506; 33–24–05–525 Sections 33–24–07–01; 33–24–07–02; and
24–02–170 through 33–24–02–175; 33–24– through 33–24–05–537; 33–24–05–550 33–24–07–03, except .4.
02–180 through 33–24–02–194; 33–24–02– through 33–24–05–555; 33–24–05–600; 33– Copies of the North Dakota regulations that
200 through 33–24–02–209; and Appendices 24–05–610 through 33–24–05–612; 33–24– are incorporated by reference are available
I, IV, and V. 05–620 through 33–24–05–624; 33–24–05– from North Dakota Legislative Counsel,
Chapter 33–24–03—Standards for 630 through 33–24–05–632; 33–24–05–640 Second Floor, State Capitol, 600 East
Generators: Sections 33–24–03–01, except .4; through 33–24–05–647; 33–24–05–650 Boulevard Avenue, Bismarck, North Dakota
33–24–03–02; 33–24–03–03.1 and .2; 33–24– through 33–24–05–667; 33–24–05–670 58505, phone number: (701) 328–2916.
03–03.3 except the phrase ‘‘and a transporter through 33–24–05–675; 33–24–05–680; 33–
permit’’; 33–24–03–04 through 33–24–03–24; 24–05–681; 33–24–05–701 through 33–24– * * * * *
33–24–03–30; 33–24–03–40; 33–24–03–60 05–705; 33–24–05–708 through 33–24–05– [FR Doc. 2018–23633 Filed 10–29–18; 8:45 am]
through 33–24–03–77; and Appendix I. 720; 33–24–05–730 through 33–24–05–740; BILLING CODE 6560–50–P
khammond on DSK30JT082PROD with RULES
VerDate Sep<11>2014 16:59 Oct 29, 2018 Jkt 247001 PO 00000 Frm 00009 Fmt 4700 Sfmt 9990 E:\FR\FM\30OCR1.SGM 30OCR1](https://thefederalregister.org/doc/83_FR_54731/page/5.svg)
Document Created: 2018-10-30 00:43:07
Document Modified: 2018-10-30 00:43:07
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on October 30, 2018. The incorporation by reference of authorized provisions in the North Dakota regulations contained in this rule is approved by the Director of the Federal Register as of October 30, 2018, in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. | |
| Contact | Moye Lin, Resource Conservation and Recovery Program, EPA Region 8, 1595 Wynkoop Street, Denver, Colorado | |
| FR Citation | 83 FR 54521 | |
| 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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