Federal Register / Vol. 70, No. 185 / Monday, September 26, 2005 / Rules and Regulations 56129 

PART 5—SECRECY OF CERTAIN 

INVENTIONS AND LICENSES TO 

EXPORT AND FILE APPLICATIONS IN 

FOREIGN COUNTRIES 

■ 20. The authority citation for 37 CFR 

part 5 is revised to read as follows: 

Authority: 35 U.S.C. 2(b)(2), 41, 181–188, 

as amended by the Patent Law Foreign Filing 

Amendments Act of 1988, Pub. L. 100–418, 

102 Stat. 1567; the Arms Export Control Act, 

as amended, 22 U.S.C. 2571 et seq.; the 

Atomic Energy Act of 1954, as amended, 42 

U.S.C. 2011 et seq.; the Nuclear Non 

Proliferation Act of 1978; 22 U.S.C. 3201 et 

seq.; and the delegations in the regulations 

under these Acts to the Director (15 CFR 

734.3(b)(1)(v), 22 CFR 125.04, and 10 CFR 

810.7), as well as the Export Administration 

Act of 1979, 50 U.S.C. app. 2401 et seq.; the 

International Emergency Economic Powers 

Act, 50 U.S.C. 1701 et seq.; E.O. 12938, 59 

FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 

13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 

783; Notice of August 2, 2005, 70 FR 45273 

(August 5, 2005). 

■ 21. Section 5.11 is amended by 

revising paragraphs (b) and (c) to read 

as follows: 

§ 5.11 License for filing in a foreign 

country an application on an invention 

made in the United States or for 

transmitting international application. 

* * * * * 

(b) The license from the 

Commissioner for Patents referred to in 

paragraph (a) would also authorize the 

export of technical data abroad for 

purposes relating to the preparation, 

filing or possible filing and prosecution 

of a foreign patent application without 

separately complying with the 

regulations contained in 22 CFR parts 

121 through 130 (International Traffic in 

Arms Regulations of the Department of 

State), 15 CFR parts 730–774 

(Regulations of the Bureau of Industry 

and Security, Department of Commerce) 

and 10 CFR part 810 (Foreign Atomic 

Energy Programs of the Department of 

Energy). 

(c) Where technical data in the form 

of a patent application, or in any form, 

are being exported for purposes related 

to the preparation, filing or possible 

filing and prosecution of a foreign 

patent application, without the license 

from the Commissioner for Patents 

referred to in paragraphs (a) or (b) of this 

section, or on an invention not made in 

the United States, the export regulations 

contained in 22 CFR parts 120 through 

130 (International Traffic in Arms 

Regulations of the Department of State), 

15 CFR parts 730–774 (Bureau of 

Industry and Security Regulations, 

Department of Commerce) and 10 CFR 

part 810 (Assistance to Foreign Atomic 

Energy Activities Regulations of the 

Department of Energy) must be 

complied with unless a license is not 

required because a United States 

application was on file at the time of 

export for at least six months without a 

secrecy order under § 5.2 being placed 

thereon. The term ‘‘exported’’ means 

export as it is defined in 22 CFR part 

120, 15 CFR part 734 and activities 

covered by 10 CFR part 810. 

* * * * * 

■ 22. Section 5.19 is revised to read as 

follows: 

§ 5.19 Export of technical data. 

(a) Under regulations (15 CFR 

734.3(b)(1)(v)) established by the 

Department of Commerce, a license is 

not required in any case to file a patent 

application or part thereof in a foreign 

country if the foreign filing is in 

accordance with the regulations (§§ 5.11 

through 5.25) of the U.S. Patent and 

Trademark Office. 

(b) An export license is not required 

for data contained in a patent 

application prepared wholly from 

foreign-origin technical data where such 

application is being sent to the foreign 

inventor to be executed and returned to 

the United States for subsequent filing 

in the U.S. Patent and Trademark Office 

(15 CFR 734.10(a)). 

PART 10—REPRESENTATION OF 

OTHERS BEFORE THE PATENT AND 

TRADEMARK OFFICE 

■ 23. The authority citation for 37 CFR 

part 10 continues to read as follows: 

Authority: 5 U.S.C. 500; 15 U.S.C. 1123; 35 

U.S.C. 2, 6, 32, 41. 

■ 24. Section 10.112 is amended by 

revising paragraph (a) to read as follows: 

§ 10.112 Preserving identity of funds and 

property of client. 

(a) All funds of clients paid to a 

practitioner or a practitioner’s firm, 

other than advances for costs and 

expenses, shall be deposited in one or 

more identifiable bank accounts 

maintained in the United States or, in 

the case of a practitioner having an 

office in a foreign country or registered 

under § 11.6(c), in the United States or 

the foreign country. 

* * * * * 

Dated: September 19, 2005. 

Jon W. Dudas, 

Under Secretary of Commerce for Intellectual 

Property and Director of the United States 

Patent and Trademark Office. 

[FR Doc. 05–19128 Filed 9–23–05; 8:45 am] 

BILLING CODE 3510–16–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[R05–OAR–2005–IN–0004; FRL–7972–6] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; Indiana; Lake County Sulfur 

Dioxide Regulations, Redesignation 

and Maintenance Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision for 

the control of sulfur dioxide (SO2) 

emissions in Lake County, Indiana. The 

SIP revision submitted by the Indiana 

Department of Environmental 

Management (IDEM) amends 326 

Indiana Administrative Code (IAC) 

Article 7. Indiana’s revised SO2 rule 

consists of changes to 326 IAC 7–4 

which sets forth facility-specific SO2

emission limitations and recordkeeping 

requirements for Lake County. The rule 

revision also reflects updates to 

company names, updates to emission 

limits currently in permits, deletion of 

facilities that are already covered by 

natural gas limits, and other corrections 

and updates. Due to changes in section 

numbers, references to citations in other 

parts of the rule have also been updated. 

EPA is also approving a request to 

redesignate the Lake County 

nonattainment area to attainment of the 

SO2 National Ambient Air Quality 

Standards (NAAQS). In conjunction 

with these actions, EPA is also 

approving the maintenance plan for the 

Lake County nonattainment area to 

ensure that attainment of the NAAQS 

will be maintained. The SIP revision, 

redesignation request and maintenance 

plan are approvable because they satisfy 

the requirements of the Clean Air Act 

(Act). 

DATES: This final rule is effective on 

October 26, 2005. 

ADDRESSES: EPA has established a 

docket for this action under Regional 

Material in EDocket (RME) Docket ID 

No. R05–OAR–2005–IN–0004. All 

documents in the docket are listed in 

the RME index at http://docket.epa.gov/ 

rmepub/, once in the system, select 

‘‘quick search,’’ then key in the 

appropriate RME Docket identification 

number. Although listed in the index, 

some information is not publicly 

available, i.e., Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

56130 Federal Register / Vol. 70, No. 185 / Monday, September 26, 2005 / Rules and Regulations 

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 in RME or 

in hard copy at the Environmental 

Protection Agency, Region 5, Air and 

Radiation Division, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. We 

recommend that you telephone Christos 

Panos, Environmental Engineer, at (312) 

353–8328 before visiting the Region 5 

office. This Facility is open from 8:30 

a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Christos Panos, Environmental 

Engineer, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–8328. 

panos.christos@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplemental information 

section is arranged as follows: 

I. What Is the Background for This Action? 

II. What Comments Did We Receive on the 

Proposed Action? 

III. What Action Is EPA Taking Today? 

IV. Statutory and Executive Order Reviews 

I. What Is the Background for This 

Action? 

On July 29, 2005 (70 FR 43820) EPA 

proposed to approve into the Indiana 

SIP SO2 emission limitations applicable 

in Lake County, Indiana. Specifically, 

EPA proposed to approve amendments 

to rules 326 IAC 7–1.1–1, 326 IAC 7–

1.1–2, 326 IAC 7–2–1, and newly 

created 326 IAC 7–4.1. The revised rules 

were adopted by the Indiana Air 

Pollution Control Board on March 2, 

2005, and were submitted by IDEM to 

EPA on April 8, 2005. IDEM submitted 

a supplement to its submission on July 

6, 2005, indicating that the revised rules 

became effective June 24, 2005, and 

were published in the Indiana Register 

on July 1, 2005. EPA proposed to 

approve the SO2 redesignation request 

submitted by the State of Indiana on 

June 21, 2005 to redesignate the Lake 

County SO2 nonattainment area to 

attainment of the SO2 NAAQS. IDEM 

submitted a supplement to its 

submission on August 11, 2005, 

indicating that the State’s public 

comment period concluded on July 29, 

2005, and that no comments were 

received. Finally, EPA proposed to 

approve the maintenance plan 

submitted for this area. 

EPA proposed this action because the 

State’s submittal for the Lake County 

SO2 nonattainment area met the 

requirements of the Act. The revised 

rules amend SO2 requirements for many 

sources in the nonattainment area, and 

reflect a reduction of over 30,000 tons 

of SO2 per year of allowable emissions 

compared to the emission limits in the 

previously approved 1989 SIP. The SIP 

revision provides for attainment and 

maintenance of the SO2 NAAQS and 

satisfies the requirements of part D of 

the Act applicable to SO2 nonattainment 

areas. Further, EPA proposed to approve 

the maintenance plan and redesignation 

of the Lake County SO2 nonattainment 

area to attainment because the State has 

met the redesignation and maintenance 

plan requirements of the Act. A more 

detailed explanation of how the State’s 

submittal meets these requirements is 

contained in our July 29, 2005 proposal. 

II. What Comments Did We Receive on 

the Proposed Action? 

EPA provided a 30-day review and 

comment period on the proposal 

published in the Federal Register on 

July 29, 2005 (70 FR 43820). We 

received no comments on our proposed 

rulemaking. 

III. What Action Is EPA Taking Today? 

EPA is approving the SIP revision for 

the control of SO2 emissions in Lake 

County, Indiana, as requested by the 

State on April 8, 2005, and 

supplemented on July 6, 2005. The 

revision consists of the amended rule at 

326 Indiana Administrative Code (IAC) 

Article 7. In this rule, the requirements 

in the Table in 326 IAC 7–4–1.1 have 

been divided into separate sections for 

each facility for clarity and ease of 

future rule actions. The new rule, 326 

IAC 7–4.1, replaces 326 IAC 7–4–1.1, 

which will be repealed. Because the 

State has complied with the 

requirements of section 107(d)(3)(E) of 

the Act, EPA is also approving the 

redesignation of the Lake County 

nonattainment area to attainment of the 

SO2 NAAQS, as requested by the State 

on June 21, 2005. In conjunction with 

these actions, EPA is also approving 

Indiana’s maintenance plan for the Lake 

County SO2 nonattainment area as a SIP 

revision because it meets the 

requirements of section 175A of the Act. 

IV. Statutory and Executive Order 

Reviews 

Executive Order 12866: Regulatory 

Planning and Review 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. 

Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

Because it is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866 or a ‘‘significant energy 

action,’’ this action is also not subject to 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). 

Regulatory Flexibility Act 

This action merely approves state law 

as meeting federal requirements and 

imposes no additional requirements 

beyond those imposed by state law. 

Accordingly, the Administrator certifies 

that this rule 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.). 

Unfunded Mandates Reform Act 

Because this rule approves preexisting requirements under state law 

and does not impose any additional 

enforceable duty beyond that required 

by state law, it does not contain any 

unfunded mandate or significantly or 

uniquely affect small governments, as 

described in the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4). 

Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This rule also does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). 

Executive Order 13132: Federalism 

This action also does not have 

Federalism implications because it does 

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). This action merely 

approves a state rule implementing a 

federal standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. 

Federal Register / Vol. 70, No. 185 / Monday, September 26, 2005 / Rules and Regulations 56131 

Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

This rule also is not subject to 

Executive Order 13045 ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), because it is not 

economically significant. 

National Technology Transfer 

Advancement Act 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the state to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. 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. 

Paperwork Reduction Act 

This rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

Congressional Review Act 

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. EPA will submit a 

report containing this rule 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 November 25, 

2005. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this rule 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 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements, Sulfur oxides. 

40 CFR Part 81 

Air pollution control, National parks, 

Wilderness areas. 

Dated: September 13, 2005. 

Bharat Mathur, 

Acting Regional Administrator, Region 5. 

■ For the reasons stated in the preamble, 

part 52, chapter I, of title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart P—Indiana 

■ 2. Section 52.770 is amended by 

adding paragraph (c)(172) to read as 

follows: 

§ 52.770 Identification of plan. 

* * * * * 

(c) * * * 

(172) On April 8, 2005, and as 

supplemented on July 6, 2005, Indiana 

submitted a State Implementation Plan 

(SIP) revision for the control of sulfur 

dioxide (SO2) emissions in Lake County, 

Indiana. The SIP revision submitted by 

the Indiana Department of 

Environmental Management (IDEM) 

amends 326 Indiana Administrative 

Code (IAC) Article 7. Indiana’s revised 

SO2 rule consists of changes to 326 IAC 

7–4 which sets forth facility-specific 

SO2 emission limitations and 

recordkeeping requirements for Lake 

County. The rule revision also reflects 

updates to company names, updates to 

emission limits currently in permits, 

deletion of facilities that are already 

covered by natural gas limits, and other 

corrections and updates. Due to changes 

in section numbers, references to 

citations in other parts of the rule have 

also been updated. 

(i) Incorporation by reference. 

(A) Amendments to Indiana 

Administrative Code Title 326: Air 

Pollution Control Board, Article 7 

SULFUR DIOXIDE RULES, Rule 1.1 

Sulfur Dioxide Emission Limitations, 

sections 326 IAC 7–1.1–1, 

‘‘Applicability’’, 326 IAC 7–1.1–2 

‘‘Sulfur Dioxide Emission Limitations’’, 

and 326 IAC 7–2–1 ‘‘Reporting 

Requirements: Methods to Determine 

Compliance’’; newly created 326 IAC 7–

4.1, ‘‘Lake County Sulfur Dioxide 

Emission Limitations’’, adopted by the 

Indiana Air Pollution Control Board on 

March 2, 2005. Filed with the Secretary 

of State May 25, 2005, effective June 24, 

2005. 

■ 3. Section 52.795 is amended by 

adding a new paragraph (h) to read as 

follows: 

§ 52.795 Control strategy: sulfur dioxide. 

* * * * * 

(h) Approval—On June 21, 2005, and 

as supplemented on August 11, 2005, 

the State of Indiana submitted a request 

to redesignate the Lake County sulfur 

dioxide (SO2) nonattainment area to 

attainment of the NAAQS. In its 

submittal, the State also requested that 

EPA approve the maintenance plan for 

the area into the Indiana SO2 SIP. The 

redesignation request and maintenance 

plan satisfy all applicable requirements 

of the Clean Air Act. 

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 1. The authority citation for part 81 

continues to read as follows: 

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

■ 2. Section 81.315 is amended by 

revising the entry for Lake County in the 

table entitled ‘‘Indiana—SO2’’ to read as 

follows: 

§ 81.315 Indiana. 

* * * * * 

56132 Federal Register / Vol. 70, No. 185 / Monday, September 26, 2005 / Rules and Regulations 

INDIANA—SO2

Designated area 

Does not meet 

primary 

standards 

Does not meet 

secondary 

standards 

Cannot be 

classified 

Better than 

national 

standards 

* * * * * * * * 

Lake County ..................................................................................................... ........................ ........................ ........................ X 

* * * * * * * * 

* * * * * 

[FR Doc. 05–19065 Filed 9–23–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[FRL–7974–3] 

North Dakota: Final Authorization of 

State Hazardous Waste Management 

Program Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Immediate final rule. 

SUMMARY: North Dakota has applied to 

EPA for Final authorization of changes 

to its hazardous waste program under 

the Resource Conservation and 

Recovery Act (RCRA). EPA has 

determined that these changes satisfy all 

requirements for Final authorization 

and is authorizing the State’s changes 

through this immediate Final action. 

EPA is publishing this rule to authorize 

the changes without a prior proposed 

rule because we believe this action is 

not controversial. Unless we get written 

comments opposing this authorization 

during the comment period, the 

decision to authorize North Dakota’s 

changes to their hazardous waste 

program will take effect as provided 

below. If we receive comments that 

oppose this action, we will publish a 

document in the Federal Register 

withdrawing this rule before it takes 

effect. A separate document in the 

proposed rules section of this Federal 

Register will serve as the proposal to 

authorize the State’s changes. 

DATES: We must receive your comments 

by October 26, 2005. Unless EPA 

receives comments that oppose this 

action, this Final authorization approval 

will become effective without further 

notice on November 25, 2005. 

ADDRESSES: Submit your comments by 

one of the following methods: 1. Federal 

eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 2. 

E-mail: shurr.kris@epa.gov. 3. Mail: Kris 

Shurr, 8P–HW, U.S. EPA, Region 8, 999 

18th St, Ste. 300, Denver, Colorado 

80202–2466, phone number: (303) 312–

6139. 4. Hand Delivery or Courier: to 

Kris Shurr, 8P–HW, U.S. EPA, Region 8, 

999 18th St, Ste 300, Denver, Colorado 

80202–2466, phone number: (303) 312–

6139. 

Instructions: Do not submit 

information that you consider to be CBI 

or otherwise protected through 

regulations.gov, or e-mail. The Federal 

regulations.gov website is an 

‘‘anonymous access’’ system which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through 

regulations.gov, your e-mail address 

will be automatically captured and 

included as part of the comment that is 

placed in the public docket and made 

available on the Internet. If you submit 

an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

You can view and copy North 

Dakota’s application at the following 

addresses: NDDH from 9 a.m. to 4 p.m., 

1200 Missouri Ave, Bismarck, ND 

58504–5264, contact: Curt Erickson, 

phone number (701) 328–5166 and EPA 

Region 8, from 8 a.m. to 3 p.m., 999 18th 

Street, Suite 300, Denver, CO 80202–

2466, contact: Kris Shurr, phone 

number: (303) 312–6139, e-mail: 

shurr.kris@epa.gov. 

FOR FURTHER INFORMATION CONTACT: Kris 

Shurr, EPA Region 8, 999 18th Street, 

Suite 300, Denver, Colorado 80202–

2466, phone number: (303) 312–6139, email: shurr.kris@epa.gov. 

SUPPLEMENTARY INFORMATION: 

A. Why are revisions to state programs 

necessary? 

States that have received final 

authorization from EPA under RCRA 

Section 3006(b), 42 U.S.C. 6926(b), must 

maintain a hazardous waste program 

equivalent to, consistent with, and no 

less stringent than the Federal program. 

As the Federal program changes, States 

must change their programs and ask 

EPA to authorize their changes. Changes 

to State programs may be necessary 

when Federal or State statutory or 

regulatory authority is modified or 

when certain other changes occur. Most 

commonly, States must change their 

programs because of changes to EPA’s 

regulations in 40 Code of Federal 

Regulations (CFR) parts 124, 260 

through 266, 268, 270, 273 and 279. 

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. North Dakota has 

responsibility for permitting Treatment, 

Storage, and Disposal Facilities (TSDFs) 

within its borders, except in Indian 

country, and for carrying out those 

portions of the RCRA program described 

in its revised program application, 

subject to the limitations of the 

Hazardous and Solid Waste 

Amendments of 1984 (HSWA). New 

Federal requirements and prohibitions 

imposed by Federal regulations that 

EPA promulgates under the authority of 

HSWA take effect in authorized States 

before they are authorized for the 

requirements. Thus, 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 today’s 

authorization decision? 

The effect of this decision is that 

facilities in North Dakota subject to