Federal Register / Vol. 83, No. 243 / Wednesday, December 19, 2018 / Rules and Regulations 65101 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, 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 action 

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 of the rule 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). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by February 19, 

2019. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Ammonia, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur dioxide, Volatile 

organic compounds. 

Dated: November 30, 2018. 

Deborah Jordan, 

Acting Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraph (c)(512) to read as 

follows: 

§ 52.220 Identification of plan—in part. 

* * * * * 

(c) * * * 

(512) The following plan was 

submitted on January 19, 2016, by the 

Governor’s Designee. 

(i) [Reserved]. 

(ii) Additional materials. 

(A) California Air Resources Board 

(CARB). 

(1) ‘‘California Infrastructure State 

Implementation Plan (SIP) Revision, 

Clean Air Act Section 110(a)(2)(D),’’ 

adopted December 17, 2015, 

(‘‘California Transport Plan’’). 

■ 3. Section 52.283 is amended by 

adding paragraphs (c)(3), (d)(3), and 

(g)(3) to read as follows: 

§ 52.283 Interstate Transport. 

* * * * * 

(c) * * * 

(3) The requirements of CAA section 

110(a)(2)(D)(i)(I) regarding significant 

contribution to nonattainment of the 

2006 PM2.5 NAAQS and 2012 PM2.5

NAAQS in any other state and 

interference with maintenance of the 

2006 PM2.5 NAAQS and 2012 PM2.5

NAAQS by any other state. 

* * * * * 

(d) * * * 

(3) The requirements of CAA section 

110(a)(2)(D)(i)(I) regarding significant 

contribution to nonattainment of the 

2008 ozone NAAQS in any other State 

and interference with maintenance of 

the 2010 ozone NAAQS by any other 

State. 

* * * * * 

(g) * * * 

(3) The requirements of CAA section 

110(a)(2)(D)(i)(I) regarding significant 

contribution to nonattainment of the 

2010 SO2 NAAQS in any other State and 

interference with maintenance of the 

2010 SO2 NAAQS by any other State. 

[FR Doc. 2018–27477 Filed 12–18–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R08–RCRA–2018–0554; FRL–9986– 

24–Region 8] 

North Dakota: Final Authorization of 

State Hazardous Waste Management 

Program Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: North Dakota has applied for 

final authorization of a revision to its 

hazardous waste program under the 

Resource Conservation and Recovery 

Act (RCRA). The revision has two parts, 

both of which relate directly to the 

creation of the North Dakota Department 

of Environmental Quality (NDDEQ) by 

the North Dakota Legislature, and the 

impending transfer of authority, power, 

and duties relating to environmental 

quality from the North Dakota 

Department of Health (NDDH) to the 

NDDEQ. The first part of the program 

revision is the complete transfer of all 

hazardous waste program rules from 

Title 33 Article 24 of the North Dakota 

Administrative Code (NDAC) to NDAC 

Title 33.1 Article 24. The second part is 

replacing all references to NDDH with 

NDDEQ. No other changes are being 

made to the hazardous waste program 

rules in this revision. The EPA has 

reviewed the application and 

determined that North Dakota’s 

hazardous waste program revision 

satisfies all of the requirements 

necessary to qualify for final 

authorization. The EPA is authorizing 

the state program revision through this 

direct final rule. The EPA is publishing 

this rule without prior proposal because 

the Agency views this as a 

noncontroversial action and does not 

anticipate adverse comments. However, 

in the proposed rules section of this 

Federal Register, the EPA is publishing 

a separate document that will serve as 

a proposal to authorize the revision 

should the Agency receive adverse 

comment. Unless the EPA receives 

adverse written comments during the 

review and comment period, the 

decision to authorize North Dakota’s 

hazardous waste program revision will 

take effect as provided below. 

DATES: This final rule is effective on 

March 15, 2019, unless the EPA receives 

adverse written comment by January 18, 

2019. Should the EPA receive such 

comments, it will publish a timely 

document either: Withdrawing the 

direct final publication or affirming the 

publication and responding to 

comments. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–RCRA–2018–0554. 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., CBI or other information, the 

disclosure of which 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 


amozie on DSK3GDR082PROD with RULES
65102 Federal Register / Vol. 83, No. 243 / Wednesday, December 19, 2018 / Rules and Regulations 

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: lin.moye@epa.gov. 

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 grant North Dakota 

final authorization to operate its 

hazardous waste program with the 

changes described in the authorization 

application. 

The State of North Dakota adopted 

state Senate Bill No. 2327 (S.L. 2017, ch. 

199, § 75), which separated the 

Environmental Health Section from the 

North Dakota Department of Health 

(NDDH) to create a standalone North 

Dakota Department of Environmental 

Quality (NDDEQ). Per S.L. 2017, ch. 

199, Section 75, the transfer of 

authority, power, and duties related to 

environmental quality from NDDH to 

NDDEQ will become effective upon the 

North Dakota Legislative Council’s 

receipt of the certification by the Chief 

of the Environmental Health Section of 

the State Department of Health attesting 

that all necessary federal approvals have 

been obtained and all necessary federal 

and other agreements have been 

amended to ensure the state will 

continue to meet the authorization 

requirements it currently satisfies after 

the transfer of authority, powers and 

duties from the NDDH to the NDDEQ. 

This direct final rule constitutes EPA 

approval of the transfer of all duties and 

responsibilities of the state relating to 

the existing federal hazardous waste 

program in North Dakota from the 

NDDH to the NDDEQ. 

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 after this action, if any, will be 

effective in North Dakota on the 

effective date of the federal rule. Thus, 

the EPA will implement those 

requirements and prohibitions in North 

Dakota, including issuing permits, until 

North Dakota applies for authorization 

of equivalent state rules and those rules 

are authorized. 

C. What is the effect of this 

authorization decision? 

While there will be no substantive 

changes to the federal hazardous waste 

program requirements if North Dakota is 

authorized for these changes, NDDEQ 

will become the state department 

responsible for implementation of the 

federal hazardous waste program 

instead of NDDH. This change should 

have little to no practical effect on the 

regulated community in North Dakota. 

Additionally, pursuant to section 3006 

of RCRA, the regulated community must 

comply with HSWA regulations issued 

by the EPA for which the state has not 

received authorization. North Dakota 

will continue to have enforcement 

responsibilities under its state 

hazardous waste program for violations 

of such program, and the EPA continues 

to retain 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 

both state and federal law and are not 

changed by our authorization of these 

revisions. 

D. For what has North Dakota 

previously been authorized? 

North Dakota initially received final 

authorization on October 5, 1984, 

effective October 19, 1984 (49 FR 

39328), to implement the RCRA 

hazardous waste management program. 

We granted authorization for changes to 

their program on: June 25, 1990, 

effective August 24, 1990 (55 FR 25836); 

May 4, 1992, effective July 6, 1992 (57 

FR 19087); April 7, 1994, effective June 

6, 1994 (59 FR 16566); January 19, 2000, 

effective March 20, 2000 (65 FR 02897); 

September 26, 2005, effective November 

25, 2000 (70 FR 56132); February 14, 

2008, effective April 14, 2008 (73 FR 

8610); and October 30, 2018, effective 

October 30, 2018 (83 FR 54521). 

The EPA understands that the state 

intends to take the necessary additional 

steps, as specified in S.L. 2017, ch. 199, 

Section 75, to ensure that NDDEQ 

comes into existence and that the 

NDDEQ rules are effective as a matter of 

state law so that the rules also and the 

NDDEQ will become federally 

enforceable prior to the effective date of 

EPA’s approval of these revisions. 

Further background on the new 

department is documented in the state 

Program Description dated September 

2018. Therefore, once this rule is 

effective and for the purposes of 

administration of the state’s authorized 

hazardous waste program, references to 

the NDDH Division of Waste 

Management of the Environmental 

Health Section will be to the NDDEQ. 

For further legislative history on the 

new department, see North Dakota 

Session Laws of 2017 [S.L. 2017, ch. 

199, § 75]. 

The NDDEQ has primary 

responsibility for administration of laws 

and regulations concerning hazardous 

waste under the North Dakota 

Hazardous Waste Management Act 

(codified in Chapter 23.1–04 of the 

North Dakota Century Code [N.D.C.C.]). 

The NDDEQ is also authorized to 

administer the federal hazardous waste 


amozie on DSK3GDR082PROD with RULES
Federal Register / Vol. 83, No. 243 / Wednesday, December 19, 2018 / Rules and Regulations 65103 

program, including jurisdiction over the 

generation, discharge, storage, 

treatment, handling, transportation, 

reclamation, or disposal of hazardous 

waste. 

The NDDEQ has the rules necessary to 

implement the federal Hazardous Waste 

Program from the Base program through 

RCRA Cluster XXIV revisions 

promulgated through June 30, 2015, as 

found in NDAC Title 33.1 Article 24 

Hazardous Waste Management. The 

NDDEQ authority to incorporate federal 

rules by reference can be found at 

N.D.C.C. § 23.1–01–04(1) and adoption 

of the hazardous waste rules in general 

are pursuant to the statutory provisions 

enacted in 2018 at N.D.C.C. Title 23.1. 

E. What changes are we authorizing 

with this action? 

The State of North Dakota submitted 

a final complete program revision 

application on July 31, 2018 and is 

seeking re-authorization of their 

complete program in accordance with 

40 CFR 271.21 due to the transfer of the 

approved hazardous waste program 

from the NDDH to the NDDEQ as 

described in section I.D. above. North 

Dakota’s program consists of regulations 

which specifically govern the federal 

hazardous waste program from base 

program authorization in 1984 through 

June 30, 2015 (RCRA Cluster XXIV). 

All revisions to the applicable 

hazardous waste program are federally 

approved as of the effective date of this 

action. The EPA’s understanding is that, 

per S.L. 2017, ch. 199, Section 75 (S.B. 

2327), the state plans to rely on the date 

the EPA signs this notice for purposes 

of notifying the state legislature that the 

EPA has approved these revisions, 

which will provide for the transfer 

authority from NDDH to NDDEQ to be 

effective under state law. The EPA also 

understands that there are some 

programs that will not be required to be 

a part of this State Legislature approval. 

Unless and until the NDDEQ rules and 

agency become fully effective under 

state and federal law, for purposes of 

federal law, the EPA recognizes the 

state’s program as currently approved 

under the North Dakota Department of 

Health. 

We now make a final decision, subject 

to receipt of written comments that raise 

concerns with this action, that North 

Dakota’s hazardous waste program 

satisfies all of the requirements 

necessary to qualify for final 

authorization. Therefore, we grant North 

Dakota DEQ final authorization for the 

state’s hazardous waste program. 

F. 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 by the EPA prior to 

the effective date of this authorization. 

G. How does this action affect Indian 

country (18 U.S.C. 1151) in North 

Dakota? 

The EPA’s approval of the North 

Dakota Hazardous Waste Program (state 

program) does not extend to Indian 

country, as defined in 18 U.S.C. 1151. 

Indian country in North Dakota 

generally includes: 

1. Lands within the exterior 

boundaries of the following Indian 

reservations located within North 

Dakota: 

a. Fort Berthold Indian Reservation 

b. Spirit Lake Reservation 

c. Standing Rock Sioux Reservation 

d. Turtle Mountain Indian 

Reservation 

2. Any land held in trust by the 

United States for an Indian tribe, and 

3. Any other areas that are ‘‘Indian 

country’’ within the meaning of 18 

U.S.C. 1151. 

Therefore, this program revision does 

not extend to Indian country; the EPA 

will retain responsibilities under the 

Resource Conservation Recovery Act of 

1976 (RCRA) in Indian country. 

II. 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 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 

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 authorizes 

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 

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 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 


amozie on DSK3GDR082PROD with RULES
65104 Federal Register / Vol. 83, No. 243 / Wednesday, December 19, 2018 / Rules and Regulations 

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 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 on March 15, 

2019. 

List of Subjects in 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. 

Dated: December 13, 2018. 

Douglas Benevento, 

Regional Administrator, Region 8. 

[FR Doc. 2018–27422 Filed 12–18–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 281 

[EPA–R08–UST–2018–0728; FRL–9986–98– 

Region 8] 

North Dakota: Final Approval of State 

Underground Storage Tank Program 

Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: Pursuant to the Resource 

Conservation and Recovery Act (RCRA 

or Act), the Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the State 

of North Dakota’s Underground Storage 

Tank (UST) program submitted by the 

State. The EPA has determined that 

these revisions satisfy all requirements 

needed for program approval. The 

State’s federally-authorized and codified 

UST program, as revised pursuant to 

this action, will remain subject to the 

EPA’s inspection and enforcement 

authorities under sections 9005 and 

9006 of RCRA subtitle I and other 

applicable statutory and regulatory 

provisions. 

DATES: This rule is effective March 15, 

2019, unless the EPA receives adverse 

comment by January 18, 2019. If the 

EPA receives substantive adverse 

comment, it will publish a timely 

document either: Withdrawing the 

direct final publication or affirming the 

publication and responding to 

comments. 

ADDRESSES: Submit your comments by 

one of the following methods: 

1. Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

2. Email: Bents.Benjamin@epa.gov. 

3. Mail: Benjamin Bents, Resource 

Conservation and Recovery Program, 

Office of Partnerships and Regulatory 

Assistance (8P–R), EPA Region 8, 1595 

Wynkoop Street, Denver, Colorado 

80202–1129. 

4. Hand Delivery or Courier: Deliver 

your comments to Benjamin Bents, 

Region 8, Resource Conservation and 

Recovery Program, Office of 

Partnerships and Regulatory Assistance 

(8P–R), EPA Region 8, 1595 Wynkoop 

Street, Denver, Colorado 80202–1129. 

Instructions: Direct your comments to 

Docket ID No. EPA–R08–UST–2018– 

0728. 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 

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. 

You can view and copy the 

documents that form the basis for this 

action and associated publicly available 

materials from 8:30 a.m. to 4:00 p.m., 

Monday through Friday at the following 

location: EPA Region 8, 1595 Wynkoop 

Street, Denver, Colorado 80202–1129, 

phone number (303) 312–6284. 

Interested persons wanting to examine 

these documents should make an 

appointment with the office at least 2 

days in advance. 

FOR FURTHER INFORMATION CONTACT: 

Benjamin Bents, (303) 312–6435, 

Bents.Benjamin@epa.gov. To inspect the 

hard copy materials, please schedule an 

appointment with Benjamin Bents at 

(303) 312–6435. 

SUPPLEMENTARY INFORMATION: 

I. Approval of Revisions to North 

Dakota’s Underground Storage Tank 

Program 

A. Why are revisions to state programs 

necessary? 

States which have received final 

approval from the EPA under RCRA 

section 9004(b) of RCRA, 42 U.S.C. 

6991c(b), must maintain an 

underground storage tank program that 

is equivalent to, consistent with, and no 

less stringent than the federal 

underground storage tank program. 


amozie on DSK3GDR082PROD with RULES