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 

Federal Register / Vol. 70, No. 185 / Monday, September 26, 2005 / Rules and Regulations 56133 

RCRA will now have to comply with the 

authorized State requirements instead of 

the equivalent Federal requirements. 

North Dakota has primary enforcement 

responsibility under its state hazardous 

waste program for violations of the 

program, but EPA retains its authority 

under RCRA sections 3007, 3008, 3013, 

and 7003, which include, among others, 

the authority to conduct inspections and 

require monitoring, tests, analyses, or 

reports; and enforce RCRA requirements 

and suspend or revoke permits. 

This action does not impose 

additional requirements on the 

regulated community because the 

regulations for which North Dakota is 

being authorized are already effective 

and are not changed by today’s action. 

D. Why wasn’t there a proposed rule 

before today’s rule? 

EPA did not publish a proposal before 

today’s rule because this action is a 

routine program change, and we do not 

expect comments opposing this 

approval. We are providing an 

opportunity for public comment at this 

time. In addition, in the proposed rules 

section of today’s Federal Register, 

there is a separate document that 

proposes to authorize the State program 

changes. If we receive comments 

opposing this authorization, that 

document will serve as a proposal to 

authorize the changes. 

E. What happens if EPA receives 

comments opposing this action? 

If EPA receives comments opposing 

this authorization, we will withdraw 

this rule by publishing a notice in the 

Federal Register before the rule 

becomes effective. We then will address 

all public comments in a later Federal 

Register. You may not have another 

opportunity to comment. If you want to 

comment on this action, you must do so 

at this time. 

If we receive comments opposing 

authorization of only a particular 

change to the State hazardous waste 

program, we will withdraw that part of 

the rule. However, the authorization of 

program changes that are not opposed 

by any comments will become effective 

on the date specified above. The Federal 

Register withdrawal document will 

specify which part of the authorization 

will become effective and which part is 

being withdrawn. 

F. What has North Dakota previously 

been authorized for? 

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), and January 19, 

2000, effective March 20, 2000 (65 FR 

02897). 

G. What changes are we authorizing 

with today’s action? 

On June 2, 2004, September 2, 2004 

and October 26, 2004, North Dakota 

submitted final revision applications, 

seeking authorization of program 

changes in accordance with 40 CFR 

271.21. 

We now make an immediate final 

decision, subject to receipt of written 

comments opposing this action, that 

North Dakota’s hazardous waste 

program revision satisfies all of the 

requirements necessary for Final 

authorization. Therefore, we propose to 

grant North Dakota final authorization 

for the following program changes (the 

Federal Citation followed by the analog 

from the North Dakota Administrative 

Code (NDAC), Article 33–24, as revised 

December 1, 2003, unless otherwise 

indicated: Delisting—(54 FR 27114, 06/ 

27/89)(Checklist 17B.1)/changes to 40 

CFR 260.22(b) only at 33–24–01.08.2 

(ND was previously authorized for 

Checklist 17B (excluding 40 CFR 

260.22(b)) on 06/25/90, effective 08/24/ 

1990 at 55 FR 25836); Consolidated 

Checklist for the Burning of Hazardous 

Waste in Boilers and Industrial 

Furnaces (as of June 30, 2000) (56 FR 

7134, 02/21/91(Checklist 85); 56 FR 

32688, 07/17/91(Checklist 94); 56 FR 

42504, 08/27/91(Checklist 96); 56 FR 

43874, 09/05/91(Checklist 98); 57 FR 

38558, 08/25/92(Checklist 111); 57 FR 

44999, 09/30/02(Checklist 114); 58 FR 

59598, 11/09/93(Checklist 127))/33–24–

01–04/intro, 33–24–01–04.11, 33–24–

01–04.56.a and .b, 33–24–01–04.59, 33–

24–01–04.59.l and .m, 33–24–01–04.60, 

33–24–01–04.95, 33–24–01–04.107, 33–

24–01–05.1, 33–24–01–06.1, 33–24–02–

02.4.b and .c, 33–24–02–02.5.b.(4), 33–

24–02–03.3.b.(2)(b), 33–24–02–04.1.j, 

33–24–02–04.2.d, 2.g and 2.h, 33–24–

02–06.1.b, 33–24–02–06.1.b.(2), 33–24–

02–06.1.c.(4) and c.(5), 33–24–02–17, 

33–24–02/Appendix IV, 33–24–05–

01.6.b, 33–24–05–61.4.a, 33–24–05–

144.1, 33–24–05–220.3 and 220.4, 33–

24–05–525.1 through 525.6, 33–24–05–

526.1 through 526.3, 33–24–05–527.1.a, 

33–24–05–526.1.b through 526.1.b.(9), 

33–24–05–527.2.a and 2.b, 33–24–05–

527.3, 33–24–05–527.4.a through 

527.4.d.(4), 33–24–05–527.5.a through 

527.5.k, 33–24–05–528.1.a.(1) through 

528.1.a.(3), 33–24–05–528.1.b through 

528.12, 33–24–05–529.1.a through 

529.9, 33–24–05–530.1 through 530.3, 

33–24–05–531.1 through 531.9, 33–24–

05–532.1 through 532.8, 33–24–05–

533.1 through 533.5, 33–24–05–534.1 

through 534.2.b, 33–24–05–535 through 

535.6.d, 33–24–05–536.1 through 

536.5.f, 33–24–05–537 through 

537.3.b.(2), 33–24–05/Appendix XVI/ 

table I–A through table I–E, 33–24–05/ 

Appendices XVII through XXVII, 33–

24–06–14.3.a.(4), 33–24–06–14.7 

through 14.7.a.(5), 33–24–06–14/ 

Appendix I, 33–24–06–16.5, 33–24–06–

17.2.ff, and 33–24–06–19.4; 

Consolidated Checklist for Recycled 

Used Oil Management Standards (as of 

June 30, 2000) (57 FR 41566, 09/10/ 

92(Checklist 112); 58 FR 26420, 05/03/ 

93 and 58 FR 33341, 06/17/93(Checklist 

122 and 122.1); 59 FR 10550, 03/04/ 

94(Checklist 130); 63 FR 24963, 05/06/ 

98 and 63 FR 37780, 07/14/98(Checklist 

166))/33–24–01–04.137, 33–24–02–

03.1.b.(5), 33–24–02–04.2.m through 

2.o, 33–24–02–05.10, 33–24–02–

06.1.b.(3) and b.(4), 33–24–02–06.1.c.(2) 

through 1.d, 33–24–05–01.6.b, 33–24–

05–220 through 224 (reserved), 33–24–

05–600 through 600.20, 33–24–05–610 

through 610.9, 33–24–05–611, 33–24–

05–611/table 1 and table 1 note, 33–24–

05–612.1 through 612.3.c, 33–24–05–

620.1 through 620.2.e, 33–24–05–621.1 

and 621.2, 33–24–05–622 through 

622.4.d, 33–24–05–623 through 623.3, 

33–24–05–624 through 624.3.c, 33–24–

05–630.1 and 630.2, 33–24–05–631.1 

and 631.2, 33–24–05–632.1 and 632.2, 

33–24–05–640.1 through 640.4.e, 33–

24–05–641.1 through 641.3, 33–24–05–

642.1 and 642.2, 33–24–05–643.1 

through 643.3.e, 33–24–05–644.1 

through 644.4, 33–24–05–645 through 

645.8.d, 33–24–05–646.1 through 646.4, 

33–24–05–647, 33–24–05–650.1 and 

650.2, 33–24–05–651.1 and 651.2, 33–

24–05–652.1 and 652.2, 33–24–05–653.1 

through 653.3, 33–24–05–654 through 

654.8, 33–24–05–655 through 655.2, 33–

24–05–656.1 through 656.3, 33–24–05–

657 through 657.2, 33–24–05–658 and 

659, 33–24–05–660.1 through 660.3, 33–

24–05–661.1 and 661.2, 33–24–05–662.1 

and 662.2, 33–24–05–663.1 through 

663.4, 33–24–05–664 through 664.7, 33–

24–05–665.1 and 665.2, 33–24–05–666.1 

and 666.2, 33–24–05–667, 33–24–05–

670.1 through 670.3, 33–24–05–671 

through 671.2, 33–24–05–672.1 and 

672.2, 33–24–05–673.1 and 673.2, 33–

24–05–674.1 through 674.3, 33–24–05–

675.1 and 675.2, 33–24–05–680, 33–24–

05–681.1 and 681.2, and 33–24–06–

16.5; Recycled Coke By-Product 

Exclusion (57 FR 27880, 06/22/ 

92)(Checklist 105)/33–24–02–04.1.j, and 

33–24–05–525.1; Coke By-Products 

Listings (57 FR 37284, 08/18/ 

56134 Federal Register / Vol. 70, No. 185 / Monday, September 26, 2005 / Rules and Regulations 

92)(Checklist 110)/33–24–02–04.1.j, 33–

24–02–17, and 33–24–02/Appendix IV; 

Boilers and Industrial Furnaces: 

Changes for Consistency with New Air 

Regulations (58 FR 38816, 07/20/ 

93)(Checklist 125)/33–24–01.05.1.l, 33–

24–05–529.5.c, 33–24–05–531.8, and 

33–24–05/Appendix XXV (reserved); 

Testing and Monitoring Activities (58 

FR 46040, 08/31/93 and 59 FR 47980, 

09/19/94)(Checklists 126 and 126.1)/33–

24–01–05.1, 33–24–01–08.4.a.(1), 33–

24–02–12.1.a and 12.1.b, 33–24–02–

14.1, 33–24–02/Appendices II, III, V, 

and VII, 33–24–05–103.1, 33–24–05–

183.3, 33–24–05–256.1, 33–24–05–

280.1, 33–24–05–281.1, 33–24–06–16.5, 

33–24–06–17.2.w.(3)(a)[3] and 

17.2.w.(3)(a)[4], 33–24–06–

19.2.b.(2)(a)[3] and 19.2.b.(2)(a)[4], 33–

24–06–19.4.c.(2)(a) and 19.4.c.(2)(b); 

Wastes From the Use of Chlorophenolic 

Formulations in Wood Surface 

Protection (59 FR 458, 01/04/ 

94)(Checklist 128)/33–24–01–05.1 and 

33–24–02 Appendix V; Revision of 

Conditional Exemption for Small Scale 

Treatability Studies (59 FR 8362, 02/18/ 

94)(Checklist 129)/33–24–02–04.5.b.(1) 

and (2), 33–24–02–04.5.c. through 

c.3(e), and 33–24–02–04.6.c. through .e; 

Recordkeeping Instructions; Technical 

Amendment (59 FR 13891, 03/24/ 

94)(Checklist 131)/33–24–05 Appendix 

1/Tables 1 and 2, and 33–24–06–16.5; 

Wood Surface Protection; Correction (59 

FR 28484, 06/02/94)(Checklist 132)/33–

24–01–05.1; Letter of Credit Revision 

(59 FR 29958, 06/10/04)(Checklist 133)/ 

33–24–05–81.4, and 33–24–05–81.11; 

Correction of Beryllium Powder (P015) 

Listing (59 FR 31551, 06/20/94) 

Checklist 134)/33–24–02–18.5, 33–24–

02/Appendix V, and 33–24–05–282.1/ 

Table 2; Recovered Oil Exclusion (59 FR 

38536, 07/28/94) (Checklist 135)/33–24–

02–03.3.b.(2)(b), 33–24–02–04.1.l, 33–

24–02–06.1.c.(4) through (6), and 33–

24–05–525.2.c; Removal of the 

Conditional Exemption for Certain Slag 

Residues (59 FR 43496, 08/24/ 

94)(Checklist 136)/33–24–05–201.3, 33–

24–05–281.1/Table CCWE; Testing and 

Monitoring Activities Amendment I (60 

FR 3089, 01/13/95)(Checklist 139)/33–

24–01–05.1; Carbamate Production 

Identification and Listing of Hazardous 

Waste (60 FR 7824, 02/09/95; 60 FR 

19165, 04/17/95; 60 FR 25619, 05/12/ 

95)(Checklists 140 through 140.2)/33–

24–02–03.1.b.(4)(e) through (g), 33–24–

02–03.3.b.(2)(d), 33–24–02–17, 33–24–

02–18.5 and .6, and 33–24–02/ 

Appendices IV and V; Testing and 

Monitoring Activities Amendment II (60 

FR 17001, 04/04/95)(Checklist 141)/33–

24–01–05.1.(k); Universal Waste: 

General Provisions (60 FR 25492, 05/11/ 

95)(Checklist 142A)/33–24–01–04, 33–

24–01–04.23, 33–24–01–04.47, 33–24–

01–04.86, 33–24–01–04.121, 33–24–01–

04.132 through 134, 33–24–02–05.3, 33–

24–02–05.6.c through .c(4), 33–24–02–

05.6.c.(6) and (7), 33–24–02–05.7.c 

through .c(4), 33–24–02–05.7.c.(6) and 

(7), 33–24–02–06.5., 33–24–03–01.1. 

through 5, 33–24–03–02.4, 33–24–05–

01.6.j, 33–24–05–250.6, 33–24–05–701.1 

and .2, 33–24–05–708.1 and .2, 33–24–

05–709 introductory paragraph, 33–24–

05–709.2 and .3, 33–24–05–710, 33–24–

05–711, 33–24–05–712, 33–24–05–714 

introductory paragraph, 33–24–05–

715.1 through .3, 33–24–05–716, 33–24–

05–717, 33–24–05–718.1 through .8., 

33–24–05–719 and 720, 33–24–05–730 

and 731, 33–24–05–732.1.a and .b, 33–

24–05–732.2, 33–24–05–734 

introductory paragraph, 33–24–05–735, 

33–24–05–736, 33–24–05–737, 33–24–

05–738, 33–24–05–739.1 through .3, 33–

24–05–740, 33–24–05–750, 33–24–05–

751, 33–24–05–752.1 through .3, 33–24–

05–753.1 and 2, 33–24–05–753.3 and .4, 

33–24–05–754, 33–24–05–755, 33–24–

05–756, 33–24–05–760, 33–24–05–761, 

33–24–05–762, 33–24–05–770, 33–24–

06–01.2.b.(8), and 33–24–06–16.5; 

Universal Waste Rule: Specific 

Provisions for Batteries (60 FR 25492, 

05/11/95)(Checklist 142B)/33–24–01–

04.9, 33–24–01–04.132, 33–24–02–

06.1.c(2) through (4), 33–24–02–06.5.a, 

33–24–05–01.6.j.(1), 33–24–05–235.1 

and .2, 33–24–05–250.6.a, 33–24–05–

701.1.a., 33–24–05–702, 33–24–05–709 

introductory paragraph, 33–24–05–

713.1. through .c.(2), 33–24–05–714.1, 

33–24–05–733.1 through c.(2), 33–24–

05–734.1, 33–24–06–01.2.b.(8)(a), 33–

24–06–16.5; Universal Waste Rule: 

Specific Provisions for Pesticides (60 FR 

25492, 05/11/95)(Checklist 142C)/33–

24–01–04.93., 33–24–01–04.132, 33–24–

02–06.5.b, 33–24–05–01.6.j.(2), 33–24–

05–250.6.b, 33–24–05–701.1.b, 33–24–

05–703.1 through .4, 33–24–05–709 

introductory paragraph, 33–24–05–

709.1, 33–24–05–713.2, 33–24–05–714.2 

and .3, 33–24–05–732.1.a. and .c, 33–

24–05–733.2, 33–24–05–734.2, 33–24–

05–734.3, 33–24–06–01.2.b.(8)(b), and 

33–24–06–16.5; Universal Waste Rule: 

Specific Provisions for Thermostats (60 

FR 25492, 05/11/95)(Checklist 142D)/ 

33–24–01–04.77, 33–24–01–04.132, 33–

24–02–06.5.c, 33–24–05–01.6.j.(3), 33–

24–05–250.6.c, 33–24–05–701.1.c, 33–

24–05–704.1, 33–24–05–704.2, 33–24–

05–704.3, 33–24–05–709 introductory 

paragraph, 33–24–05–713.3 through 

3.c.(3), 33–24–05–714.4., 33–24–05–

733.3 through .3.c.(3), 33–24–05–734.4, 

33–24–06–01.2.b.(8)(c), and 33–24–06–

16.5; Universal Waste Rule: Petition 

Provisions (60 FR 25492, 05/11/ 

95)(Checklist 142E)/33–24–01–06.1, 33–

24–01–08.13 through .16, 33–24–05–

780.1 through .3., and 33–24–05–781.1 

through .8; Removal of Legally Obsolete 

Rules (60 FR 33912, 06/29/95)(Checklist 

144)/33–24–02–16.1, 33–24–05–528.3.e, 

33–24–05–529.6 through .8, and 33–24–

06–01.7.a.(4), 33–24–06–01.7.b.(2), and 

33–24–06–01.8.a; Liquids in Landfills III 

(60 FR 35703, 07/11/95)(Checklist 145)/ 

33–24–05–183.5.b.(2) and (3), 33–24–

06–16.5; RCRA Expanded Public 

Participation (60 FR 63417, 12/11/ 

95)(Checklist 148)/33–24–01–04.35, 33–

24–06–04.13, 33–24–06–17.2.gg., 33–

24–06–19.1.e., 33–24–06–19.2.b.(6) 

through (11), 33–24–06–19.2.d, 33–24–

06–19.4.d.(3) through (6), 33–24–06–

19.4.g, 33–24–07–25.1 through .4, 33–

24–07–26.1 through .3, and 33–24–07–

27.1 through .6; Amendments to the 

Definition of Solid Waste; Amendment 

II (61 FR 13103, 03/26/96) (Checklist 

150)/33–24–02–04.1.l; Land Disposal 

Restriction Phase III: Decharacterized 

Wastewaters, Carbamate Wastes, and 

Spent Potliners (61 FR 15566, 04/08/96; 

61 FR 15660, 04/08/96; 61FR19117, 04/ 

30/96; 61 FR 33680, 06/28/96; 61 FR 

36419, 07/10/96; 61 FR 43924, 08/26/96; 

62 FR 7502, 02/19/97;) (Checklist 151 

through 151.6)/33–24–05–250.3.c and 

.d, 33–24–05–250.5.c through .e, 33–24–

05–251.5, 33–24–05–251.10 and .11, 33–

24–05–252.1 through .3, 33–24–05–

256.1, 33–24–05–256.1.a.(2), 33–24–05–

256.1.a.(4) through (6), 33–24–05–

256.1.b.(1)(b), 33–24–05–256.1.c.(2), 33–

24–05–256.2.d.(2), 33–24–05–256.2.e.(4) 

and (5), 33–24–05–257., 33–24–05–

258.1, 33–24–05–258.4, 33–24–05–

258.4.a.(1) and (2), 33–24–05–258.4.c, 

33–24–05–258.5 through .7, 33–24–05–

279.1 through .7, 33–24–05–280.1, 33–

24–05–280.5, 33–24–05–280.7, 33–24–

05–280/Table, 33–24–05–282/Table 1, 

33–24–05–284.1, 33–24–05–288/Table 

UTS, 33–24–05/Appendix XXIX; 

Conditionally Exempt Small Quantity 

Generator Disposal Options under 

Subtitle D (61 FR 34252, 07/01/ 

96)(Checklist 153)/33–24–02–05.6.c and 

33–24–02–05.7.c; Consolidated Organic 

Air Emission Standards for Tanks, 

Surface Impoundments, and Containers 

(59 FR 62896, 12/06/94; 60 FR 26828, 

05/19/95; 60 FR 50426, 09/29/95; 60 FR 

56952, 11/13/95; 61 FR 4903, 02/09/96; 

61 FR 28508, 06/05/96; 61 FR 59932, 

11/25/96)(Checklists 154 through 

154.6)/33–24–01–05.1.n and 1.o, 33–24–

01–05.2, 33–24–02–06.3.a, 33–24–03–

12.1.a, 33–24–03–12.4.b, 33–24–05–

04.2.f and h, 33–24–05–06.2.d, 33–24–

05–40.2.c and f, 33–24–05–44.3, 33–24–

05–98, 33–24–05–115, 33–24–05–128, 

33–24–05–301, 33–24–05–400.2, 33–24–

05–403.1.b.(1), 33–24–05–403.6.b.(6)(b), 

Federal Register / Vol. 70, No. 185 / Monday, September 26, 2005 / Rules and Regulations 56135 

33–24–05–403.11 through 15, 33–24–

05–404.2, 33–24–05–405.3.i and j, 33–

24–05–405.4, 33–24–05–420.2, 33–24–

05–420.6, 33–24–05–425.1 through 

425.3, 33–24–05–428.5, 33–24–05–

434.7.f, 33–24–05–450 through 460, 33–

24–06–10.1.b through d, 33–24–06–16.5, 

33–24–06–17.2.e, 33–24–06–17.2.s.(5), 

33–24–06–17.2.t.(11), 33–24–06–

17.2.u.(10), and 33–24–06–17.2.hh; 

Land Disposal Restrictions Phase III—

Emergency Extension of the K088 

Capacity Variance (62 FR 1992, 01/14/ 

97)(Checklist 155)/33–24–05–279.3; 

Military Munitions Rule: Hazardous 

Waste Identification and Management; 

Explosive Emergencies; Manifest 

Exemption for Transport of Hazardous 

Waste on Right-of-Ways on Contiguous 

Properties (62 FR 6622, 02/12/ 

97)(Checklist 156)/33–24–01–04.35 

through 37, 33–24–01–04.78, 33–24–02–

02.1.b.(3) and (4), 33–24–03–01.7, 33–

24–03–04.6, 33–24–04–01.5 and 6, 33–

24–05–01.6.g.(1)(d), 33–24–05–

01.6.g.(4), 33–24–05–01.9, 33–24–05–37, 

33–24–06–800, 33–24–05–801.1 through 

801.6, 33–24–05–802.1 and 2, 33–24–

05–820.1 through 821.7, 33–24–05–822 

through 826, and 33–24–06–16.5; Land 

Disposal Restrictions Phase IV—

Treatment Standards for Wood 

Preserving Wastes, Paperwork 

Reduction and Streamlining; 

Exemptions from RCRA for Certain 

Processed Materials; and Miscellaneous 

Hazardous Waste Provisions (62 FR 

25998, 05/12/97) (Checklist 157)/33–24–

02–01.3.i through fig 1, 33–24–02–02/ 

table, 33–24–02–04.1.m and n, 33–24–

02–06.1.c.(2), 33–24–05–250.5, 33–24–

05–253.1.b.(4), 33–24–05–253.1.d, 33–

24–05–256.1 through 256.3.b, 33–24–

05–258.1, 33–24–05–258.4.a.(2), 33–24–

05–270.1 through 270.5, 33–24–05–280/ 

table, 33–24–05–282/table, and 33–24–

05/Appendices VII, X, XI, XIII, XIV, and 

XV; Testing and Monitoring Activities 

Amendment III (62 FR 32452, 06/13/ 

97)(Checklist 158)/33–24–01.05.1, 33–

24–05–404.4.a.(3), 33–24–05–404.6, 33–

24–05–433.4.b, 33–24–05/Appendix 

XII/footnote 5, 33–24–05–529.5.a, 33–

24–05–531.7.a and b, 33–24–532.6, and 

33–24–05/Appendix XXIV, 33–24–06–

16.5; Conformance With the Carbamate 

Vacatur (62 FR 32974, 06/17/ 

97)(Checklist 159)/33–24–02–17/table, 

33–24–02–18.6, 33–24–02/Appendices 

IV and V, 33–24–05–279.1, 33–24–05–

279.4, and 33–24–05–280/table; Land 

Disposal Restrictions Phase IIIEmergency Extension of the K088 

National Capacity Variance, 

Amendment (62 FR 37694, 07/14/ 

97)(Checklist 160)/33–24–05–279.3; 

Emergency Revision of the Carbamate 

Land Disposal Restrictions (62 FR 

45568, 08/28/97)(Checklist 161)/33–24–

05–280.7, and 33–24–05–288.1/table; 

Clarification of Standards for Hazardous 

Waste LDR Treatment Variances (62 FR 

64504, 12/05/97) (Checklist 162)/33–24–

05–284.1, 33–24–05–284.8, 33–24–05–

284.13, and 33–24–05–284.16; Organic 

Air Emission Standards for Tanks, 

Surface Impoundments, and Containers; 

Clarification and Technical Amendment 

(62 FR 64636, 12/08/97)(Checklist 163)/ 

33–24–05–06.2.d, 33–24–05–40.2.f, 33–

24–05–400.2.c, 33–24–05–400.3 and 5, 

33–24–05–401.21, 33–24–05–403.1.b, 

33–24–05–420.2.c, 33–24–05–420.3 and 

6, 33–24–05–430.1 and 2, 33–24–05–

432.2.b and c, 33–24–05–434.7.f, 33–24–

05–434.13, 33–24–05–450.2.a, 33–24–

05–450.3, 33–24–05–452.2, 33–24–05–

452.3.b.(9)(a), 33–24–05–452.3.c, 33–

24–05–452.3.d.(2), 33–24–05–453.1.b, 

33–24–05–453.2.a, 33–24–05–

454.3.b.(3), 33–24–05–454.5.d, 33–24–

05–454.6.c.(1)(d)(4), 33–24–05–

454.6.c.(3), 33–24–05–454.6.d, 33–24–

05–454.10.b.(3), 33–24–05–455.2.b, 33–

24–05–455.4.a.(3), 33–24–05–

455.4.b.(1)(b), 33–24–05–455.5.b.(3), 33–

24–05–456.3.b, 33–24–05–456.3.d.(1), 

33–24–05–456.4.b, 33–24–05–

456.4.d.(1), 33–24–05–456.7, 33–24–05–

457.3.c.(2), 33–24–05–457.3.g, 33–24–

05–459.1, 33–24–05–459.2.a.(2)(b), 33–

24–05–459.6.a, 33–24–05–459.10, 33–

24–05/Appendix VI, 33–24–06–16.5, 

and 33–24–06–17.2.e; Treatment 

Standards for Metal Wastes and Mineral 

Processing Wastes (63 FR 28556, 05/26/ 

98)(Checklist 167A)/33–24–05–251.10, 

33–24–05–252.4, 33–24–05–274.1 

through 5, 33–24–05–280.5, 33–24–05–

280.8, 33–24–05–280/table/Treatment 

Standards for Hazardous Wastes, and 

33–24–05–288/table/UTS; Land 

Disposal Restrictions Phase IV—

Hazardous Soils Treatment Standards 

and Exclusions (63 FR 28556, 05/26/ 

98)(Checklist 167B)/33–24–05–251.9, 

33–24–05–256.1.a through f, 33–24–05–

256.2.a through d, 33–24–05–256.5, 33–

24–05–284.8.c through e, and 33–24–

05–289.1 through 5; Land Disposal 

Restrictions Phase IV—Corrections (63 

FR 28556, 05/26/98)(Checklist 167C)/ 

33–24–05–253.1.b.(2) and (3), 33–24–

05–256.1.g, 33–24–05–256.2.c(2)/table, 

33–24–05–256.2.d.(4) and (5), 33–24–

05–256.2.e and f, 33–24–05–280.5, 33–

24–05–280/table/Treatment Standards 

for Hazardous Wastes, 33–24–05–282.1, 

33–24–05–285.1, 33–24–05–285.4.c and 

d, 33–24–05–288.1/table/UTS, and 33–

24–05/Appendix XI/Tables 1 and 2, and 

33–24–05/Appendix XIII; Mineral 

Processing Secondary Materials 

Exclusion (63 FR 28556, 05/26/ 

98)(Checklist 167D)/33–24–02–02.3.c, 

33–24–02–02.3.d/Chart 1, 33–24–02–

02.5.a.(3), and 33–24–02–04.1.q through 

04.1.q.(6); Bevill Exclusion Revisions 

and Clarifications (63 FR 28556, 05/26/ 

98)(Checklist 167E)/33–24–02–03.1.b.(1) 

and (3), and 33–24–02–04.2.g; Exclusion 

of Recycled Wood Preserving 

Wastewaters (63 FR 28556, 05/26/ 

98)(Checklist 167F)/33–24–02–04.1.i.(3); 

Hazardous Waste Combustors; Revised 

Standards (63 FR 33782, 06/19/ 

98)(Checklist 168)/33–24–02–04.1.p, 

33–24–02–22.1, 33–24–02–22.2 through 

22.2(e), 33–24–02–22/Table 1; 33–24–

02–22.3; 33–24–06–14.10, 33–24–06–

14/Appendix I, and 33–24–06–16.5; 

Petroleum Refining Process Wastes (63 

FR 42110, 08/06/98 and 63 FR 54356, 

10/09/98)(Checklists 169 and 169.1)/ 

33–24–02–03.1.b.(4)(c), 33–24–02–

03.3.b.(2)(b), 33–24–02–03.3.b.(2)(e), 

33–24–02–04.1.l.(1) and (2), 33–24–02–

04.1.r through 04.1.r.(2), 33–24–02–

04.1.s, 33–24–02–06.1.c.(4)(c), 33–24–

02–06.1.c.(5), 33–24–02–16.1, 33–24–

02–17, 33–24–02 Appendix IV, 33–24–

05–525.2.c, 33–24–05–275.1 through 

275.3, and 33–24–05–280/table; Land 

Disposal Restrictions Phase IV—Zinc 

Micronutrient Fertilizers, Amendment 

(63 FR 46332, 08/31/98)(Checklist 170)/ 

33–24–05–280.9; Emergency Revision of 

the Land Disposal Restrictions (LDR) 

Treatment Standards for Listed 

Hazardous Wastes from Carbamate 

Production (63 FR 47410, 09/04/ 

98)(Checklist 171)/33–24–05–280.7, 33–

24–05–280.10, 33–24–05–280/table, and 

33–24–05–288.1/table; Land Disposal 

Restrictions Phase IV—Extension of 

Compliance Date for Characteristic Slags 

(63 FR 48124, 09/09/98)(Checklist 172)/ 

33–24–05–274.2 through .5; Land 

Disposal Restrictions; Treatment 

Standards for Spent Potliners from 

Primary Aluminum Reduction (K088); 

Final Rule (63 FR 51254, 09/24/98) 

(Checklist 173)/33–24–05–279.3, 33–24–

05–280/table; HWIR-Media (63 FR 

65874, 11/30/98)(Checklist 175)/33–24–

01–04, 33–24–01–04.20, 33–24–01–

04.38.c; 33–24–01–04.80, 33–24–01–

04.99, 33–24–01–04.100, 33–24–01–

04.111, 33–24–02–04.8, 33–24–05–

01.10, 33–24–05–40.2.q, 33–24–05–58.4, 

33–24–05–251.6, 33–24–05–290.7, 33–

24–05–552.1, 33–24–05–553.1, 33–24–

05–554.1 through 554.13, 33–24–06–

03.4, 33–24–06–14/Appendix I, 33–24–

06–16.5, 33–24–06–16.6.a, 33–24–06–

19.5, 33–24–06–30.1, 33–24–06–30.2; 

33–24–06–30.3, 33–24–06–31.1 through 

31.7, 33–24–06–32.1 through 32.8, 33–

24–06–33.1 through 33.8, 33–24–06–

34.1 through 34.4, and 33–24–06–35.1; 

Universal Waste Rule—Technical 

Amendments (63 FR 71225, 12/24/ 

98)(Checklist 176)/33–24–05–235.1, 33–

24–05–235.1/table, 33–24–05–235.2, 

56136 Federal Register / Vol. 70, No. 185 / Monday, September 26, 2005 / Rules and Regulations 

and 33–24–05–709.3; Organic Air 

Emission Standards: Clarification and 

Technical Amendments (64 FR 3382, 

01/21/99)(Checklist 177)/33–24–03–

12.1.a.(1) and (2), 33–24–05–401.12, 33–

24–05–401.25, 33–24–05–401.30, 33–

24–05–450.2.e, 33–24–05–453.1.a.(1) 

and (2), 33–24–05–454.2.a.(1) and (2), 

33–24–05–454.8.c, 33–24–05–456.5.f, 

and 33–24–06–16.5; Petroleum Refining 

Process Wastes—Leachate Exemption 

(64 FR 06806, 02/11/99)(Checklist 178)/ 

33–24–02–04.2.o; Land Disposal 

Restrictions Phase IV—Technical 

Corrections (64 FR 25408, 05/11/ 

99)(Checklist 179)/33–24–02–02.3.c, 33–

24–02–02.3.d/table, 33–24–02–

02.5.a.(3), 33–24–02–04.1.p and 04.1.q, 

33–24–02–04.1.q.(5), 33–24–02–

04.2.g.(3) and (3)(a), 33–24–03–12.4.d., 

33–24–05–251.4, 33–24–05–251.9, 33–

24–05–256.1.d/table, 33–24–05–

256.c.(2)/table, 33–24–05–256.2.d.(4), 

33–24–05–258.4.b and b.(1), 33–24–05–

280.9 and 280.10, 33–24–05–280/table, 

33–24–05–288.1/table, 33–24–05–

289.3.c, and 33–24–05–289.3.c.(1 and 

2); Test Procedures for the Analysis of 

Oil and Grease and Non-Polar Material 

(64 FR 26315, 05/14/99)(Checklist 180)/ 

33–24–01.05.1.k and 33–24–01–05.1.p; 

Universal Waste Rule: Specific 

Provisions for Hazardous Waste Lamps 

(64 FR 36466, 07/06/99)(Checklist 181)/ 

33–24–01–04.66, 33–24–01–04.132, 33–

24–02–06.5.b through 5.d, 33–24–05–

01.6.j.(2) through j.(4), 33–24–05–

250.6.b through 6.d, 33–24–05–701.1.b 

through 1.d, 33–24–05–702.1.a, 33–24–

05–702.2.b and 2.c, 33–24–05–703.1, 

33–24–05–704.1, 33–24–05–705.1 

through 705.3, 33–24–05–706 through 

708, 33–24–05–709.2 and 709.3, 33–24–

05–710, 33–24–05–713.4, 33–24–05–

713.4.a and 4.b, 33–24–05–714.5, 33–

24–05–730, 33–24–05–732.2.d and 2.e, 

33–24–05–733.4, 33–24–05–733.4.a and 

4.b, 33–24–05–734.5, 33–24–05–750, 

33–24–05–760.1, 33–24–05–781.1, 33–

24–06–01.2.b.(8)(b) through (8)(d), and 

33–24–06–16.5; Hazardous Air Pollutant 

Standards for Combustors (64 FR 52828, 

09/30/99 and 64 FR 63209, 11/19/ 

99)(Checklists 182 and 182.1)/33–24–

01–04.25, 33–24–01–04.120, 33–24–02–

22/Table 1, 33–24–05–144.2 through 

144.5, 33–24–05–301, 33–24–05–525.2 

through 525.8, 33–24–05–526.3 and 

526.3.a, 33–24–05–530.3 through 530.4, 

33–24–05–537.2.a, 33–24–05–537.2.b.(1) 

and 537.2.b(1)/Note, 33–24–05 

Appendix XXIII, 33–24–06–16.5, 33–

24–06–17.2.w and 17.2.w.(5), 33–24–

06–17.2.ff, 33–24–06 Appendix I, 33–

24–06–19.2, and 33–24–06–19.4; Land 

Disposal Restrictions Phase IV—

Technical Corrections (64 FR 56469, 10/ 

20/99)(Checklist 183)/33–24–02–17, 33–

24–03–12.1.d, 33–24–05–256.1.c.(3), 

33–24–05–280.10, 33–24–05–280/table, 

and 33–24–05–289.3.a.(1) and a.(2); 

Accumulation Time for Waste Water 

Treatment Sludges (65 FR 12378, 03/08/ 

00)(Checklist 184)/33–24–03–12.1.d and 

33–24–03–12.7 through 12.9; Petroleum 

Refining Process Wastes—Clarification 

(65 FR 36365, 06/08/00)(Checklist 187)/ 

33–24–02–16.1/table and 33–24–05/ 

Appendix XI; Hazardous Air Pollutant 

Standards; Technical Corrections (65 FR 

42292, 07/10/00)(Checklist 188)/33–24–

02–22.3.b.(4), 33–24–05–144.2.a and 2.c, 

and 33–24–06–14.10.a; Chlorinated 

Aliphatics Listing and LDRs for Newly 

Identified Wastes (65 FR 67068, 11/08/ 

00)(Checklist 189)/33–24–02–17, 33–

24–02/Appendices IV and V, 33–24–05–

273.1 through 273.4, 33–24–05–280/ 

table, and 33–24–05–288/table; Land 

Disposal Restrictions Phase IV—Deferral 

for PCBs in Soil (65 FR 81373, 12/26/ 

00)(Checklist 190)/33–24–05–272.1 and 

272.2, 33–24–05–288/table, 33–24–05–

289.4, and 33–24–05/Appendix VII; 

Mixed Waste Rule (66 FR 27218, 05/16/ 

01)(Checklist 191)/33–24–05–850, 33–

24–05–855 through 857, 33–24–05–860, 

33–24–05–865.1 and 865.2, 33–24–05–

866.1 and 866.2, 33–24–05–870.1 and 

870.2, 33–24–05–875.1 and 875.2, 33–

24–05–880, 33–24–05–885, 33–24–05–

890, 33–24–05–895 through 900, 33–24–

05–905.1 and 905.2, 33–24–05–910, 33–

24–05–915.1 and 915.2, and 33–24–05–

916.1 and 916.2; Mixture and DerivedFrom Rules Revisions (66 FR 27266, 05/ 

16/01)(Checklist 192A)/33–24–02–

03.1.b.(3) and b.(4), 33–24–02–

03.3.b.(1), and 33–24–02–03.7 and 03.8; 

Land Disposal Restrictions Correction 

(66 FR 27266, 05/16/01)(Checklist 

192B)/33–24–05/Appendix XI/Table 1; 

Change of Official EPA Mailing Address 

(66 FR 34374, 06/28/01)(Checklist 193)/ 

33–24–01–05.1.k; Mixture and DerivedFrom Rules Revision II (66 FR 50332, 

10/03/01)(Checklist 194)/33–24–02–

03.1.b.(4) and 33–24–02–03.7.c; 

Inorganic Chemical Manufacturing 

Wastes Identification and Listing (66 FR 

58258, 11/20/01 and 67 FR 17119, 04/ 

09/02)(Checklist 195)/33–24–02–04.2.o, 

33–24–02–17, 33–24–02/Appendix IV, 

33–24–05–276.1 through 276.3, and 33–

24–05–280/table; Hazardous Air 

Pollutant Standards for Combustors: 

Interim Standards (67 FR 6792, 02/13/ 

02)(Checklist 197)/33–24–05–144.2.a 

and 2.d, 33–24–05–525.2.b.(1) through 

b.(5), 33–24–06–16.5, 33–24–06–

17.2.w.(5), 33–24–06–17.2.ff, 33–24–06–

19.2, 33–24–06–19.4, and 33–24–06–

100.1 and 100.2; Hazardous Air 

Pollutant Standards for Combustors: 

Corrections (67 FR 06968, 02/14/ 

02)(Checklist 198)/33–24–05–525.1, 33–

24–05–525.2.a, 33–24–05–525.4.a.(1)(b), 

33–24–05–525.4.b.(1) and b.(2), 33–24–

05–525.4.c, 33–24–05–525.4.c.(1) and 

c.(1)(d), and 33–24–06–14.10.a; Vactur 

of Mineral Processing Spent Materials 

Being Reclaimed as Solid Wastes and 

TCPL Use with MGP Waste (67 FR 

11251, 03/13/02) (Checklist 199)/33–24–

02–02.3.c, 33–24–02–04.1.q, and 33–24–

02–14.1; Zinc Fertilizer Rule (67 FR 

48393, 07/24/02)(Checklist 200)/33–24–

02.04.1.t and 1.u, 33–24–05–201.4, and 

33–24–05–280.9 (reserved); Treatment 

Variance for Radioactivity 

Contaminated Batteries (67 FR 62618, 

10/07/02)(Checklist 201)/33–24–05–

280/table/Treatment Standards for 

Hazardous Wastes; Hazardous Air 

Pollutant Standards for Combustors—

Corrections 2 (67 FR 77687, 12/19/2002) 

(Checklist 202)/33–24–06–17.2.w.(5), 

33–24–06–17.2.ff, 33–24–06–19.2, and 

33–24–06–19.4. 

H. Where are the revised state rules 

different from the Federal rules? 

We consider the following State 

requirements to be more stringent than 

the Federal requirements: 33–24–01–

04.27, because the State does not allow 

a closed or closing unit to be designated 

as a corrective action management unit; 

33–24–02–04.2.i, because the State 

excludes only discarded wood or wood 

products that fail for the Toxic 

Characteristic Leaching Procedure for 

arsenic while Federal rules exclude 

discarded wood or wood products that 

fail for Hazardous Waste Codes D004 

through D017; 33–24–03–12.1.a(1), 

because North Dakota subjects 

containers to full status rather than 

interim status standards; 33–24–03–

12.1.a(2), because North Dakota subjects 

tanks to full status rather than interim 

status standards; 33–24–03–12.1.a(1), 

because North Dakota subjects 

containment buildings to full status 

rather than interim status standards; 33–

24–03–12.1.d, because the State requires 

that facilities be designed, constructed, 

maintained, and operated to minimize 

the potential for fires, explosions, or any 

unplanned releases and because the 

State requires that the facility 

demonstrate that a particular kind of 

equipment will not be required; 33–24–

05–01.2, because the State does not 

allow for interim status facilities; 33–

24–05–04.1.a, because the State does not 

allow owners/operators of closed 

landfills to accept non-hazardous waste 

under certain conditions; 33–24–05–

256.2.e.(3), because the State does not 

allow a treatment facility with interim 

status units to treat hazardous waste; 

33–24–05–281.2, because the State does 

not differentiate between high and low 

zinc non-wastewater (K061 wastes); 33–

Federal Register / Vol. 70, No. 185 / Monday, September 26, 2005 / Rules and Regulations 56137 

24–05–282.1.b and 33–24–05–282.1, 

Table 1, because the State does not 

allow a treatment facility with interim 

status units to treat hazardous waste; 

33–24–05–282.3.a, because the State 

does not allow a treatment facility with 

interim status units to treat hazardous 

waste; 33–24–05–282.3.c, because the 

State does not allow lab packs eligible 

for land disposal to be disposed at 

interim status landfills; 33–24–05–

283.3.a, because the State does not 

allow a treatment facility with interim 

status units to treat hazardous waste; 

33–24–05–552.2.a.1 and 2.b, because the 

State does not have an analog to 40 CFR 

265.113 for interim facilities; 33–24–05–

739.3.c, because the state automatically 

extends the record retention period 

during any unresolved enforcement 

action; 33–24–05–752.3 because the 

state requires universal waste 

transporters to comply with the solid 

waste transporter permit requirements 

of 33–20–02.1–01; 33–24–05–753.3 and 

.4, because the state has record keeping 

and retention requirements; 33–24–06–

33.6, because the State requires any 

facility with an effective remedial action 

plan to submit a new application at least 

180 days before expiration date of the 

current plan; North Dakota does not 

have an equivalent to 40 CFR 145(f)(9) 

making the State more stringent. 

Nevertheless, these requirements are 

part of North Dakota’s authorized 

program and are Federally enforceable. 

We also consider the following State 

requirements to be broader-in-scope 

than the Federal program at 33–24–06–

14.7.a.(3), because the State has 

requirements for newly regulated wastes 

and units that are not required by 

Federal rules. Broader-in-scope 

requirements are not part of the 

authorized program, and EPA cannot 

enforce them. Although a facility must 

comply with these requirements in 

accordance with State law, they are not 

RCRA requirements. 

EPA cannot delegate the Federal 

requirements at 40 CFR 268.5, 268.6, 

268.42(b), and 268.44. EPA will 

continue to implement these 

requirements. 

I. Who handles permits after this 

authorization takes effect? 

North Dakota will issue and 

administer permits for all the provisions 

for which it is authorized. EPA will 

continue to administer any RCRA 

hazardous waste permits or portions of 

permits that we issued prior to the 

effective date of this authorization. EPA 

will transfer any pending permit 

applications, completed permits, or 

pertinent file information to North 

Dakota within 30 days of this approval. 

We will not issue any more new permits 

or new portions of permits for the 

provisions listed in the Table above 

after the effective date of this 

authorization. EPA and North Dakota 

have agreed to joint permitting and 

enforcement for those HSWA 

requirements for which North Dakota is 

not yet authorized. 

J. How does today’s action affect Indian 

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

Dakota? 

North Dakota is not authorized to 

carry out its hazardous waste program 

in Indian country, as defined in 18 

U.S.C. 1151. This includes, but is not 

limited to: 

1. Lands within the exterior 

boundaries of the following Indian 

Reservations located within or abutting 

the State of North Dakota: 

a. Fort Totten Indian Reservation 

b. Fort Berthold Indian Reservation 

c. Standing Rock Indian Reservation 

e. Turtle Mountain Indian Reservation 

2. Any land held in trust by the U.S. 

for an Indian tribe, and 

3. Any other land, whether on or off 

a reservation that qualifies as Indian 

country within the meaning of 18 U.S.C. 

1151. 

Therefore, this program revision does 

not extend to Indian country where EPA 

will continue to implement and 

administer the RCRA program in these 

lands. 

K. What is codification and is EPA 

codifying North Dakota’s hazardous 

waste program as authorized in this 

rule? 

Codification is the process of placing 

the State’s authorized hazardous waste 

program statutes and regulations into 

the Code of Federal Regulations. We do 

this by referencing the authorized State 

rules in 40 CFR part 272. We reserve the 

amendment of 40 CFR part 272, subpart 

JJ for this authorization of North 

Dakota’s program until a later date. 

L. Administrative Requirements 

The Office of Management and Budget 

has exempted this action from the 

requirements of Executive Order 12866 

(58 FR 51735, October 4, 1993), and 

therefore this action is not subject to 

review by OMB. This action authorizes 

State requirements for the purpose of 

RCRA 3006 and imposes no additional 

requirements beyond those imposed by 

State law. Accordingly, 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 (Pub. L. 104–4). For 

the same reason, this action also does 

not significantly or uniquely affect the 

communities of Tribal governments, as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). This 

action will not have substantial direct 

effects on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government, as 

specified in Executive Order 13132 (64 

FR 43255, August 10, 1999), because it 

merely 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 rule is not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

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

22, 2001), because it is not a significant 

regulatory action under Executive Order 

12866. 

Under RCRA 3006(b), 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 

EPA, when it reviews a State 

authorization application, to require the 

use of any particular voluntary 

consensus standard in place of another 

standard that otherwise satisfies the 

requirements of RCRA. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. As required by 

section 3 of Executive Order 12988 (61 

FR 4729, February 7, 1996), in issuing 

this rule, EPA has taken the necessary 

steps to eliminate drafting errors and 

ambiguity, minimize potential litigation, 

and provide a clear legal standard for 

affected conduct. EPA has complied 

with Executive Order 12630 (53 FR 

8859, March 15, 1988) by examining the 

takings implications of the rule in 

accordance with the ‘‘Attorney 

General’s Supplemental Guidelines for 

the Evaluation of Risk and Avoidance of 

Unanticipated Takings’’ issued under 

the executive order. This rule does not 

56138 Federal Register / Vol. 70, No. 185 / Monday, September 26, 2005 / Rules and Regulations 

impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

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 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 November 25, 

2005. 

List of Subjects in 40 CFR Part 271 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous waste, Hazardous waste 

transportation, Incorporation-byReference, Indian lands, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements. 

Authority: This action 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: September 19, 2005. 

Robert E. Roberts, 

Regional Administrator, Region 8. 

[FR Doc. 05–19136 Filed 9–23–05; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 041126333–5040–02; I.D. 

092105A] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Areas 620 and 630 of the Gulf of 

Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; modification of 

a closure. 

SUMMARY: NMFS is opening directed 

fishing for pollock in Statistical Area 

630 of the Gulf of Alaska (GOA) for 24 

hours and opening directed fishing for 

pollock in Statistical area 620 of the 

GOA. This action is necessary to fully 

use the C season allowance of the 2005 

total allowable catch (TAC) of pollock 

specified for Statistical Areas 620 and 

630. 

DATES: Opening directed fishing for 

pollock in Statistical area 630 of the 

Gulf of Alaska: Effective 1200 hrs, 

Alaska local time (A.l.t.), September 22, 

2005, through 1200 hrs, A.l.t., 

September 23, 2005. Opening directed 

fishing for pollock in Statistical area 620 

of the Gulf of Alaska: Effective 1200 hrs, 

A.l.t., September 22, 2005, through 1200 

hrs, A.l.t., October 1, 2005. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

NMFS closed the directed fishery for 

pollock in Statistical Area 630 of the 

GOA under § 679.20(d)(1)(iii) on August 

27, 2005 (70 FR 51300, August 30, 

2005). NMFS opened directed fishing 

for pollock in Statistical Area 630 of the 

GOA for 48 hrs on September 8, 2005 

(70 FR 53971, September 13, 2005) and 

for 24 hrs on September 15, 2005 (70 FR 

55305, September 21, 2005). 

NMFS has determined that 

approximately 1,550 mt of pollock 

remain in the directed fishing allowance 

for Statistical Area 630 of the GOA. 

Therefore, in accordance with 

679.25(a)(1)(i), (a)(2)(i)(C) and 

(a)(2)(iii)(D), and to fully utilize the C 

season allowance of the 2005 TAC of 

pollock in Statistical area 630, NMFS is 

terminating the previous closure and is 

reopening directed fishing for pollock in 

Statistical Area 630 of the GOA. In 

accordance with § 679.20(d)(1)(iii), the 

Regional Administrator finds that this 

directed fishing allowance will be 

reached after 24 hours. Consequently, 

NMFS is prohibiting directed fishing for 

pollock in Statistical Area 630 of the 

GOA effective 1200 hrs, A.l.t., 

September 23, 2005. 

NMFS closed the directed fishery for 

pollock in Statistical Area 620 of the 

GOA under § 679.20(d)(1)(iii) on August 

29, 2005 (70 FR 51300, August 30, 

2005). NMFS opened directed fishing 

for pollock in Statistical Area 620 of the 

GOA for 96 hrs on September 8, 2005 

(70 FR 53971, September 13, 2005) and 

for 96 hrs on September 15, 2005 (70 FR 

55305, September 21, 2005). 

NMFS has determined that 

approximately 3,900 mt of pollock 

remain in the directed fishing allowance 

for Statistical Area 620 of the GOA. 

Therefore, in accordance with 

679.25(a)(1)(i), (a)(2)(i)(C) and 

(a)(2)(iii)(D), and to fully utilize the C 

season allowance of the 2005 TAC of 

pollock in Statistical area 620, NMFS is 

terminating the previous closure and is 

reopening directed fishing for pollock in 

Statistical Area 620 of the GOA. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the opening of pollock in 

Statistical Areas 620 and 630 of the 

GOA. NMFS was unable to publish a an 

action providing time for public 

comment because the most recent, 

relevant data only became available as 

of September 19, 2005. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by §§ 679.20 

and 679.25 and is exempt from review 

under Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: September 21, 2005. 

Alan D. Risenhoover, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 05–19168 Filed 9–21–05; 2:17 pm] 

BILLING CODE 3510–22–S