Federal Register / Vol. 70, No. 186 / Tuesday, September 27, 2005 / Proposed Rules 56419 

Amargosa Valley, Nevada and in 

Washington, DC. The hearings 

previously announced in the Federal 

Register will be held as described in the 

earlier notice; EPA is simply providing 

an additional hearing in Las Vegas. 

The additional hearing will be held 

October 6, 2005, at the Cashman Center, 

850 North Las Vegas Blvd, Las Vegas, 

Nevada, from 10 a.m. until 12 p.m. An 

information session will be held from 10 

a.m.–11 a.m. and a public hearing from 

11 a.m.–12 p.m. 

Meeting Purpose and Format 

The meetings will provide 

opportunities for both informal 

exchanges of information and formal 

comments. Meeting formats are as 

follows: 

• Information Sessions: an informal 

opportunity to learn about the 

standards, meet EPA staff, and ask 

questions. Comments on the record can 

also be provided in writing or on tape. 

• Public Hearings: a formal 

opportunity to make verbal statements 

that will be recorded for the public 

record. For the convenience of the 

public, individuals and organizations 

should schedule a specific time to make 

their comments (see Hearings 

Procedures below). 

Hearing Procedures 

Persons wishing to testify at any of 

the public hearings are requested to preregister by calling EPA’s toll-free Yucca 

Mountain Information Line at 1–800–

331–9477 at any time. You will be asked 

to leave a message with the following 

information: 

• Name/Organizational Affiliation (if 

any). 

• Hearing time(s) available to testify. 

• Daytime telephone number. 

Your call will be returned within one 

business day to confirm a scheduled 

time for testimony. In order to obtain a 

scheduled speaking time, EPA must 

receive requests no later than September 

30, 2005, for the hearings in Las Vegas, 

Nevada. Speakers not registered in 

advance may register at the door but are 

not guaranteed the opportunity to 

testify, depending on time constraints 

(all individuals will also be able to 

comment in writing or on tape). 

Individuals testifying on their own 

behalf will be allowed 5 minutes. 

Groups or organizations must designate 

one individual to testify as the official 

representative, and each group will be 

allocated ten minutes for an oral 

presentation. Individuals and 

organizations may submit written 

comments in addition to oral testimony. 

Time allowed is exclusive of any time 

consumed by questions from the 

government panel and answers to these 

questions. Testimony from individuals 

and representatives of organizations is 

limited to one hearing location. In order 

to ensure that all individuals and groups 

are given an opportunity to testify, 

substitutions will not be permitted for 

any pre-registered person. Registrants 

will not be permitted to yield their time 

to other individuals or groups, nor will 

hearing time be used to ‘‘read into the 

record’’ testimony from individuals not 

present at the hearings. In the event any 

person wishes to enter comments for the 

record, but either cannot or does not 

appear personally at the hearings, EPA 

will accept written comments during 

the hearings and other meetings. These 

written comments will be considered to 

the same extent as oral testimony and 

will be included as part of the official 

hearings transcripts. The hearing 

transcript will constitute the official 

record of the hearings. Written 

comments submitted outside of the 

public hearings must be received by 

EPA Docket OAR–2005–0083 in 

Washington, DC, by November 21, 2005. 

All comments received by EPA, whether 

written or oral, will be given equal 

consideration in development of the 

final rule. 

III. How and to Whom Do I Submit 

Comments? 

EPA is providing numerous ways for 

the public to provide comments for us 

to consider in developing our final rule. 

First, the Agency has scheduled two 

public hearings in Nevada and one in 

Washington, DC. A Federal Register 

notice has been published with times, 

locations, and format of the meetings. In 

addition, you may submit comments 

electronically, by mail, by facsimile, or 

through hand delivery/courier. To 

ensure proper receipt by EPA, identify 

the appropriate docket identification 

number in the subject line on the first 

page of your comment. Please ensure 

that your comments are submitted by 

November 21, 2005. Comments received 

after that date will be marked ‘‘late.’’

EPA is not required to consider these 

late comments, but will do so at its 

discretion. 

To submit comments electronically: 

• Follow the instructions at the 

Federal e-Rulemaking Web site: http:// 

www.regulations.gov, OR 

• Go to EPA’s E-Docket for item OAR–

2005–0083, click on submit comment, 

OR, 

• E-mail comments to: a-and-rdocket@epa.gov and specify ‘‘to the 

attention of Docket ID No. OAR–2005–

0083.’’

Do not use e-mail or the E-Docket to 

submit confidential business 

information or other legally protected 

information. 

Send comments by surface mail to: 

EPA Docket Center (EPA/DC), Air and 

Radiation Docket, Environmental 

Protection Agency, EPA West, Mail 

Code 6102T, 1200 Pennsylvania 

Avenue, NW., Washington, DC 20460, 

Attention Docket ID No. OAR–2005–

0083. 

Send comments by fax to: 202–566–

1741, Attention: Docket ID. No. OAR–

2005–0083. 

Deliver comments by courier or inperson to: 

Air and Radiation Docket, EPA Docket 

Center, (EPA/DC), EPA West, Room 

B102, 1301 Constitution Ave., NW., 

Washington, DC. 

Dated: September 20, 2005. 

William L. Wehrum, 

Acting Assistant Administrator for Air and 

Radiation. 

[FR Doc. 05–19256 Filed 9–26–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 271 and 272 

[FRL–7974–9] 

South Dakota: Final Authorization of 

State Hazardous Waste Management 

Program Revision and Incorporation 

by Reference of Approved State 

Hazardous Waste Management 

Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed Rule. 

SUMMARY: South Dakota has applied to 

EPA for Final authorization of the 

changes to its hazardous waste program 

under the Resource Conservation and 

Recovery Act (RCRA). EPA has 

determined that these changes satisfy all 

requirements needed to qualify for Final 

authorization and is proposing to 

authorize the State’s changes through 

this proposed final action. Title 40 of 

the Code of Federal Regulations (CFR) 

Part 272 is used by EPA to codify its 

decision to authorize individual State 

programs and incorporates by reference 

those provisions of the State statutes 

and regulations that are subject to EPA’s 

inspection and enforcement authorities 

as authorized provisions of the State’s 

program. This action also proposes to 

codify the authorized provisions of the 

South Dakota regulations. Finally, 

today’s document corrects errors made 

in the State authorization citations 

published in the August 10, 1999 and 

November 3, 2003 Federal Register 

56420 Federal Register / Vol. 70, No. 186 / Tuesday, September 27, 2005 / Proposed Rules 

authorization documents for South 

Dakota. 

DATES: Written comments must be 

received by October 27, 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: 

Deliver your comments to Kris Shurr, 

8P–HW, U.S. EPA, Region 8, 999 18th 

St., Ste 300, Denver, Colorado 80202–

2466, phone number: (303) 312–6139. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through regulations.gov or email. 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. Copies of the South Dakota 

program revision applications and the 

materials which EPA used in evaluating 

the revisions are available for inspection 

and copying at the following locations: 

EPA Region 8, from 7 a.m. to 4 p.m., 999 

18th Street, Suite 300, Denver, Colorado 

80202–2466, contact: Kris Shurr, phone 

number: (303) 312–6139, or SDDENR, 

from 9 a.m. to 5 p.m., Joe Foss Building, 

523 E. Capitol, Pierre, South Dakota 

57501–3181, contact: Carrie Jacobson, 

phone number (605) 773–3153. 

FOR FURTHER INFORMATION CONTACT: Kris 

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

18th Street, Suite 300, Denver, CO 

80202–2466, phone number: (303) 312–

6139 or email: shurr.kris@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Authorization of Revisions to South 

Dakota’s Hazardous Waste Program 

A. Why Are Revisions to State Programs 

Necessary? 

States which have received Final 

authorization from 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 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 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 Action? 

We conclude that South Dakota’s 

applications to revise its authorized 

program meet all of the statutory and 

regulatory requirements established by 

RCRA. Therefore, we propose to grant 

South Dakota final authorization to 

operate its hazardous waste program 

with the changes described in the 

authorization applications. South 

Dakota has 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 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 South Dakota, 

including issuing permits, until South 

Dakota is authorized to do so. 

C. What Is the Effect of Today’s 

Authorization Decision? 

This decision means that facilities in 

South Dakota subject to RCRA will have 

to comply with the authorized State 

requirements instead of the equivalent 

Federal requirements in order to comply 

with RCRA. South Dakota has 

enforcement responsibility under its 

State hazardous waste program for 

violations of such program, but EPA 

retains its authority under RCRA 

sections 3007, 3008, 3013, and 7003, 

which include, among others, the 

authority to conduct inspections and 

require monitoring, tests, analyses, or 

reports; and enforce RCRA 

requirements; suspend or revoke 

permits. 

This action does not impose 

additional requirements on the 

regulated community because the 

regulations for which South Dakota is 

being authorized by today’s action are 

already effective and are not changed by 

today’s action. 

D. What Happens If EPA Receives 

Comments That Oppose This Action? 

If EPA receives comments that oppose 

this authorization, we will address all 

public comments in a later Federal 

Register. You will not have another 

opportunity to comment, therefore, if 

you want to comment on this action, 

you must do so at this time. 

E. What Has South Dakota Previously 

Been Authorized For? 

South Dakota initially received Final 

authorization on October 19, 1984, 

effective November 2, 1984 (49 FR 

41038) to implement the RCRA 

hazardous waste management program. 

We granted authorization for changes to 

their program on April 17, 1991, 

effective June 17, 1991 (56 FR 15503); 

September 8, 1993, effective November 

8, 1993 (FR 47216); January 10, 1994, 

effective March 11, 1994 (59 FR 01275); 

July 24, 1996, effective September 23, 

1996 (61 FR 38392); May 9, 2000, 

effective June 8, 2000 (65 FR 26755) and 

April 23, 2004, effective May 24, 2004 

(69 FR 21962). 

F. What Changes Are We Proposing To 

Authorize With Today’s Action? 

South Dakota submitted a final 

complete program revision application 

on October 25, 2004, seeking 

authorization of their changes in 

accordance with 40 CFR 271.21. We 

now make a final decision, subject to 

receipt of written comments that oppose 

this action, that South Dakota’s 

hazardous waste program revision 

satisfies all of the requirements 

necessary to qualify for Final 

authorization. Therefore, we propose to 

grant South Dakota final authorization 

for the following program changes: 

1. Program Revision Changes for Federal 

Rules 

South Dakota seeks authority to 

administer the Federal requirements 

that are listed below (the Federal 

Citation is followed by the analog from 

the Administrative Rules of South 

Dakota (ARSD 74:28), revised August 

29, 2004): Reissuance of the ‘‘Mixture’’

and ‘‘Derived-From’’ Rules (57 FR 

Federal Register / Vol. 70, No. 186 / Tuesday, September 27, 2005 / Proposed Rules 56421 

07628, 03/03/92; 57 FR 23062, 06/01/92; 

57 FR 49278, 10/30/92) (Checklists 

117A through 117A.2)/74:28:22:01; 

Universal Waste Rule—Specific 

Provisions for Pesticides (60 FR 25492, 

05/11/95) (Checklist 142C)/74:28:21:02, 

74:28:22:01, 74:28:25:01, 74:28:26:01, 

74:28:28:01, 74:28:30:01, and 

74:28:33:01; RCRA Expanded Public 

Participation (60 FR 63417, 12/11/95) 

(Checklist 148)/74:28:26:01; Organic Air 

Emission Standards for Tanks, Surface 

Impoundments, & 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 04903, 02/09/96; 61 FR 

28508, 06/05/96; and 61 FR 59932, 11/ 

25/96) (Checklists 154 through 154.6)/ 

74:36:11:01, 74:28:21:02, 74:28:22:01, 

74:28:23:01, 74:28:25:01, 74:28:26:01, 

and 74:28:28:01; Organic Air Emission 

Standards for Tanks, Surface 

Impoundments, and Containers; 

Clarification and Technical Amendment 

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

74:28:25:01, 74:28:26:01, and 

74:28:28:01; Mineral Processing 

Secondary Materials Exclusion (63 FR 

28556, 05/26/98)(Checklist 167D—

revised)/ 74:28:22:01; HWIR-Media (63 

FR 65874; 11/30/98) (Checklist 175)/ 

74:28:21:01(17), 74:28:21:02, 

74:28:22:01, 74:28:25:01, 74:28:26:01, 

74:28:28:01, and 74:28:30:01; Test 

Procedures for the Analysis of Oil and 

Grease and Non-Polar Material (64 FR 

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

74:28:21:02; Petroleum Refining Process 

Wastes—Clarification (64 FR 36365, 06/ 

08/00) (Checklist 187)/74:28:22:01 and 

74:28:30:01; Hazardous Air Pollutant 

Standards; Technical Corrections (65 FR 

42292, 07/10/00; 66 FR 24270, 05/14/01; 

66 FR 35087, 07/03/01) (Checklists 188 

through 188.2)/74:28:22:01, 74:28:25:01, 

and 74:28:26:01; Chlorinated Aliphatics 

Listing and LDRs for Newly Identified 

Wastes (65 FR 67068, 11/8/00) 

(Checklist 189)/74:28:22:01 and 

74:28:30:01; Land Disposal Restrictions 

Phase IV Deferral for PCBs in Soil (65 

FR 81373, 12/26/00) (Checklist 190)/ 

74:28:30:01; Storage, Treatment, 

Transportation, and Disposal of Mixed 

Waste (66 FR 27218, 05/16/01) 

(Checklist 191)/74:28:27:01; Mixture 

and Derived-From Rules Revisions (66 

FR 27266, 05/16/01) (Checklist 192A)/ 

74:28:22:01; Land Disposal Restrictions 

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

(Checklist 192B)/74:28:30:01; Change of 

Official EPA Mailing Address (66 FR 

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

74:28:21:02; Mixture and Derived-From 

Rules Revision II (66 FR 50332, 10/03/ 

01) (Checklist 194)/74:28:22:01; 

Inorganic Chemical Manufacturing 

Wastes Identification and Listing (66 FR 

58258, 11/20/01; 67 FR 17119, 04/09/ 

02) (Checklists 195 & 195.1)/74:28:22:01 

and 74:28:30:01; CAMU Amendments 

(67 FR 2962, 01/22/02) (Checklist 196)/ 

74:28:21:02 and 74:28:25:01; Hazardous 

Air Pollutant Standards for Combustors: 

Interim Standards (67 FR 6792, 02/13/ 

02) (Checklist 197)/74:28:25:01, 

74:28:26:01, 74:28:27:01, and 

74:28:28:01; Hazardous Air Pollutant 

Standards for Combustors: Corrections 

(67 FR 6968, 02/14/02) (Checklist 198)/ 

74:28:26:01 and 74:28:27:01; Vacatur of 

Mineral Processing Spent Materials 

Being Reclaimed as Solid Wastes (67 FR 

11251, 03/13/02) (Checklist 199)/ 

74:28:22:01; Zinc Fertilizer Rule (67 FR 

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

74:28:22:01, 74:28:27:01, and 

74:28:30:01; Treatment Variance for 

Radioactively Contaminated Batteries 

(67 FR 62618, 10/07/02) (Checklist 201)/ 

74:28:30:01; Hazardous Air Pollutants 

for Combustors-Corrections 2 (67 FR 

77687, 12/19/02) (Checklist 202)/ 

74:28:26:01. 

2. State-Initiated Changes 

South Dakota has made amendments 

to its regulations that are not directly 

related to any of the Federal rules 

addressed in Item F.1 above. These 

State-initiated changes are either 

conforming changes made to existing 

authorized provisions, or the adoption 

of provisions that clarify and make the 

State’s regulations internally consistent. 

The State’s regulations, as amended by 

these provisions, provide authority 

which remains equivalent to and no less 

stringent than the Federal laws and 

regulations. These State initiated 

changes are submitted under the 

requirements of 40 CFR 271.21(a) and 

include the following provisions from 

the Administrative Rules of South 

Dakota (ARSD 74:28), revised August 

29, 2004: 74:28:21:01 introductory 

paragraph, 74:28:21:01(2)–(16), 

74:28:21:03, 74:28:24:01, 74:28:25:02 

through 74:28:25:05, 74:28:28:02 

through 74:28:28:05 and 74:28:33:01. 

G. Where Are the Revised State Rules 

Different From the Federal Rules? 

South Dakota did not make any 

changes that are more stringent or 

broader-in-scope than the Federal rules 

in this rulemaking. South Dakota did 

not change any previously more 

stringent or broader-in-scope provisions 

to be equivalent to the Federal rules. 

H. Who Handles Permits After the 

Authorization Takes Effect? 

South Dakota will issue permits for all 

the provisions for which it is authorized 

and will administer the permits it 

issues. EPA will continue to administer 

any RCRA hazardous waste permits or 

portions of permits which were issued 

prior to the effective date of this 

authorization until South Dakota has 

equivalent instruments in place. We 

will not issue any new permits or new 

portions of permits for the provisions 

listed in Item G after the effective date 

of this authorization. EPA previously 

suspended issuance of permits for other 

provisions on the effective date of South 

Dakota’s Final Authorization for the 

RCRA base program and each of the 

revisions listed in Item F. EPA will 

continue to implement and issue 

permits for HSWA requirements for 

which South Dakota is not yet 

authorized. 

I. How Does Today’s Action Affect 

Indian Country (18 U.S.C. 1151) in 

South Dakota? 

This program revision does not 

extend to ‘‘Indian country’’ as defined 

in 18 U.S.C. 1151. Indian country 

includes: 

1. Lands within the exterior 

boundaries of the following Indian 

reservations located within the State of 

South Dakota: 

a. Cheyenne River Indian Reservation; 

b. Crow Creek Indian Reservation; 

c. Flandreau Indian Reservation; 

d. Lower Brule Indian Reservation; 

e. Pine Ridge Indian Reservation; 

f. Rosebud Indian Reservation; 

g. Standing Rock Indian Reservation; 

h. Yankton Indian Reservation; 

2. Any land held in trust by the 

United States for an Indian tribe; and, 

3. Any other areas which are ‘‘Indian 

country’’ within the meaning of 18 

U.S.C. 1151. 

II. Corrections 

A. Corrections to August 10, 1999 (64 

FR 43331) Proposed Authorization 

Document 

There were typographical errors and 

omissions in the table published as part 

of the August 10, 1999 (64 FR 43331) 

authorization notice for South Dakota. 

The corrections for the affected entries 

are as follows (the corrections have been 

italicized): 

1. In the entry for Checklist 82, insert 

‘‘74:28:25:05’’ after ‘‘74:28:23:01’’ and 

insert ‘‘74:28:28:05’’ after ‘‘74:28:26:01’’; 

2. In the entry for Checklist 92, insert 

‘‘74:28:25:05’’ after ‘‘74:28:23:01’’ and 

insert ‘‘74:28:28:05’’ after ‘‘74:28:26:01’’; 

3. In the entry for Checklist 120, insert 

‘‘74:28:25:05; 74:28:28:05’’ after 

‘‘74:28:22:01’’; and 

4. In the entry for Checklist 142A, 

insert ‘‘74:28:23:01’’ after ‘‘74:28:22:01’’. 

56422 Federal Register / Vol. 70, No. 186 / Tuesday, September 27, 2005 / Proposed Rules 

B. Corrections to November 3, 2003 (68 

FR 62264) Proposed Authorization 

Document 

There were typographical errors and 

omissions in the State citations 

published as part of the November 3, 

2003 (68 FR 62264) authorization notice 

for South Dakota. The affected entries in 

Section F, ‘‘What Changes Are We 

Proposing To Authorize With Today’s 

Action?’’ are shown below. The 

corrections have been italicized. 

1. All references to ‘‘78:28’’ are 

corrected to read ‘‘74:28’’

2. The State citation ‘‘74:28:21:01’’ is 

removed from the entry for Hazardous 

Air Pollutant Standards for Combustors 

(Checklist 182). 

3. The entry for ‘‘Toxicity 

Characteristics Revision as of June 30, 

2000’’ is revised to read as follows: 

Toxicity Characteristics Revision as of 

June 30, 2000 (Consolidated Checklist 

includes 55 FR 11798, 3/29/90 and 55 

FR 26986, 6/29/90 (Checklist 74)/ 

74:28:22:01, 74:28:25:01, 74:28:28:01 

and 74:28:30:01; 55 FR 40834, 10/5/90, 

56 FR 03978, 2/1/91, and 56 FR 13406, 

4/2/91 (Checklist 80)/74:28:22:01; 56 FR 

05910, 2/13/91 (Checklist 84)/ 

74:28:22:01; 57 FR 30657, 7/10/92 

(Checklist 108)/74:28:22:01 and 

74:28:28:01; 57 FR 23062, 6/1/92 

(Checklist 117B)/74:28:22:01; 57 FR 

55114, 11/24/92 (Checklist 119)/ 

74:28:22:01, as well as 58 FR 46040, 8/ 

31/93 (Checklist 126 update)/ 

74:28:30:01 and 62 FR 25998, 5/12/97 

(Checklist 157 update)/74:28:22:01 and 

74:28:30:01. 

4. One entry was inadvertently 

omitted from the list of State provisions 

being authorized by EPA. The entry 

should be added to the end of the list 

as follows: 

Exceptions to Blending and Burning 

of Hazardous Waste (RCRA Section 

3004(q)(2)(A), (r)(2) and (r)(3), as 

codified in 40 CFR 261.4(a)(12)(i)&(ii)) 

(Non-Checklist Item BB)/74:28:22:01. 

III. Incorporation By Reference 

A. What Is Codification? 

Codification is the process of 

including the statutes and regulations 

that comprise the State’s authorized 

hazardous waste management program 

into the CFR. Section 3006(b) of RCRA, 

as amended, allows the Environmental 

Protection Agency (EPA) to authorize 

State hazardous waste management 

programs. The State regulations 

authorized by EPA supplant the federal 

regulations concerning the same matter 

with the result that after authorization 

EPA enforces the authorized 

regulations. Infrequently, State statutory 

language which acts to regulate a matter 

is also authorized by EPA with the 

consequence that EPA enforces the 

authorized statutory provision. EPA 

does not authorize State enforcement 

authorities and does not authorize State 

procedural requirements. EPA codifies 

the authorized State program in 40 CFR 

part 272 and incorporates by reference 

State statutes and regulations that make 

up the approved program which is 

Federally enforceable in accordance 

with Sections 3007, 3008, 3013, and 

7003 of RCRA, 42 U.S.C. 6927, 6928, 

6934 and 6973, and any other applicable 

statutory and regulatory provisions. 

B. What Decisions Have We Proposed in 

This Action? 

Today’s action proposes to codify 

EPA’s authorization of South Dakota’s 

base hazardous waste management 

program and its revisions to that 

program. The proposed codification 

reflects the State program that would be 

in effect at the time EPA’s authorized 

revisions to the South Dakota hazardous 

waste management program addressed 

in this proposed rule become final. This 

proposed action does not reopen any 

decision EPA previously made 

concerning the authorization of the 

State’s hazardous waste management 

program. EPA is not requesting 

comments on its decisions published in 

the Federal Register notices referenced 

in section I.E of this document 

concerning revisions to the authorized 

program in South Dakota. 

EPA is proposing to incorporate by 

reference EPA’s approval of South 

Dakota’s hazardous waste management 

program by amending Subpart QQ to 40 

CFR part 272. The proposed action 

amends § 272.2101 and incorporates by 

reference South Dakota’s authorized 

hazardous waste regulations, as 

amended through August 29, 2004. 

Section 272.2101 also references the 

demonstration of adequate enforcement 

authority, including procedural and 

enforcement provisions, which provide 

the legal basis for the State’s 

implementation of the hazardous waste 

management program. In addition, 

§ 272.2101 references the Memorandum 

of Agreement, the Attorney General’s 

Statements and the Program 

Description, which are evaluated as part 

of the approval process of the hazardous 

waste management program in 

accordance with Subtitle C of RCRA. 

C. What Is the Effect of South Dakota’s 

Codification on Enforcement? 

EPA retains the authority under 

statutory provisions, including but not 

limited to, RCRA sections 3007, 3008, 

3013 and 7003, and other applicable 

statutory and regulatory provisions to 

undertake inspections and enforcement 

actions and to issue orders in all 

authorized States. With respect to 

enforcement actions, EPA will rely on 

Federal sanctions, Federal inspection 

authorities, and Federal procedures 

rather than the State analogs to these 

provisions. Therefore, the EPA is not 

proposing to incorporate by reference 

South Dakota’s inspection and 

enforcement authorities nor are those 

authorities part of South Dakota’s 

approved State program which operates 

in lieu of the Federal program. 40 CFR 

272.2101(c)(2) lists these authorities for 

informational purposes, and also 

because EPA considered them in 

determining the adequacy of South 

Dakota’s procedural and enforcement 

authorities. South Dakota’s authority to 

inspect and enforce the State’s 

hazardous waste management program 

requirements continues to operate 

independently under State law. 

D. What State Provisions Are Not 

Proposed as Part of the Codification? 

The public is reminded that some 

provisions of South Dakota’s hazardous 

waste management program are not part 

of the federally authorized State 

program. These non-authorized 

provisions include: 

(1) Provisions that are not part of the 

RCRA subtitle C program because they 

are ‘‘broader in scope’’ than RCRA 

subtitle C (see 40 CFR 271.1(i)); 

(2) Federal rules for which South 

Dakota is not authorized, but which 

have been incorporated into the State 

regulations because of the way the State 

adopted Federal regulations by 

reference. 

(3) State procedural and enforcement 

authorities which are necessary to 

establish the ability of the State’s 

program to enforce compliance but 

which do not supplant the Federal 

statutory enforcement and procedural 

authorities. 

State provisions that are ‘‘broader in 

scope’’ than the Federal program are not 

incorporated by reference in 40 CFR 

part 272. For reference and clarity, EPA 

proposes to list in 40 CFR 272.2101(c)(3) 

the South Dakota statutory provisions 

which are ‘‘broader in scope’’ than the 

Federal program and which are not part 

of the authorized program being 

incorporated by reference. While 

‘‘broader in scope’’ provisions are not 

part of the authorized program and 

cannot be enforced by EPA; the State 

may enforce such provisions under 

State law. 

South Dakota has adopted but is not 

authorized for certain Federal final rules 

published between May 11, 1995 and 

March 17, 2000. Therefore, the Federal 

Federal Register / Vol. 70, No. 186 / Tuesday, September 27, 2005 / Proposed Rules 56423 

amendments to 40 CFR parts 261, 262, 

263, 264, 265, 266, 268, 270 and 273 

addressed by these Federal rules and 

included in South Dakota’s adoption by 

reference at ARSD, section 74:28:22:01, 

74:28:23:01, 74:28:24:01, 74:28:25:01, 

74:28:28:01, 74:28:27:01, 74:28:30:01, 

74:28:26:01 and 74:28:33:01, 

respectively, are not part of the State’s 

authorized program included in this 

proposed codification. EPA is proposing 

to identify in 40 CFR 272.2101(c)(4) 

those Federal regulations which, while 

adopted by South Dakota, are not 

authorized by EPA. 

E. What Will Be the Effect of the 

Proposed Codification on Federal 

HSWA Requirements? 

With respect to any requirement(s) 

pursuant to HSWA for which the State 

has not yet been authorized, and which 

EPA has identified as taking effect 

immediately in States with authorized 

hazardous waste management programs, 

EPA will enforce those Federal HSWA 

standards until the State is authorized 

for those provisions. 

The proposed codification does not 

affect Federal HSWA requirements for 

which the State is not authorized. EPA 

has authority to implement HSWA 

requirements in all States, including 

States with authorized hazardous waste 

management programs, until the States 

become authorized for such 

requirements or prohibitions, unless 

EPA has identified the HSWA 

requirement(s) as an optional or as a less 

stringent requirement of the Federal 

program. A HSWA requirement or 

prohibition, unless identified by EPA as 

optional or as less stringent, supersedes 

any less stringent or inconsistent State 

provision which may have been 

previously authorized by EPA (50 FR 

28702, July 15, 1985). 

Some existing State requirements may 

be similar to the HSWA requirements 

implemented by EPA. However, until 

EPA authorizes those State 

requirements, EPA enforces the HSWA 

requirements and not the State analogs. 

IV. 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 proposes to 

authorize and codify 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 proposes to authorize and codify 

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 proposed action 

also does not significantly or uniquely 

affect the communities of Tribal 

governments, as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000). This action will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999), because it merely 

proposes to authorize and codify State 

requirements as part of the State RCRA 

hazardous waste program without 

altering the relationship or the 

distribution of power and 

responsibilities established by RCRA. 

This proposed action also is not subject 

to Executive Order 13045 (62 FR 19885, 

April 23, 1997), because it is not 

economically significant and it does not 

make decisions based on environmental 

health or safety risks. This proposed 

action is not subject to Executive Order 

13211, ‘‘Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

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

22, 2001), because it is not a significant 

regulatory action under Executive Order 

12866. 

Under RCRA 3006(b), 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 proposed action, 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 proposed action in accordance with 

the ‘‘Attorney General’s Supplemental 

Guidelines for the Evaluation of Risk 

and Avoidance of Unanticipated 

Takings’’ issued under the executive 

order. This proposed action does not 

impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

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

List of Subjects in 40 CFR Parts 271 and 

272 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous waste, Hazardous waste 

transportation, Incorporation by 

reference, Indian lands, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements. 

Dated: September 20, 2005. 

Robert E. Roberts, 

Regional Administrator, Region VIII. 

For the reasons set forth in the 

preamble, 40 CFR parts 271 and 272 are 

proposed to be amended as follows: 

PART 271—REQUIREMENTS FOR 

AUTHORIZATION OF STATE 

HAZARDOUS WASTE PROGRAMS 

EPA is proposing to grant final 

authorization under part 271 to the State 

of South Dakota for revisions to its 

hazardous waste program under the 

Resource Conservation and Recovery 

Act. 

PART 272—APPROVED STATE 

HAZARDOUS WASTE MANAGEMENT 

PROGRAMS 

1. The authority citation for part 272 

continues to read as follows: 

Authority: Secs. 2002(a), 3006, and 7004(b) 

of the Solid Waste Disposal Act, as amended 

by the Resource Conservation and Recovery 

Act, as amended, 42 U.S.C. 6912(a), 6926, 

and 6974(b). 

Subpart QQ—[Amended] 

2. Subpart QQ is amended by adding 

§ 272.2101 to read as follows: 

§ 272.2101 South Dakota Stateadministered program: final authorization. 

(a) Pursuant to section 3006(b) of 

RCRA, 42 U.S.C. 6926(b), South Dakota 

has final authorization for the following 

elements as submitted to EPA in South 

Dakota’s base program application for 

final authorization which was approved 

by EPA effective on November 2, 1984. 

Subsequent program revision 

applications were approved effective on 

June 17, 1991, November 8, 1993, March 

11, 1994, September 23, 1996, June 8, 

56424 Federal Register / Vol. 70, No. 186 / Tuesday, September 27, 2005 / Proposed Rules 

2000, May 24, 2004 and [effective date 

of final rule]. 

(b) The State of South Dakota has 

primary responsibility for enforcing its 

hazardous waste management program. 

However, EPA retains the authority to 

exercise its inspection and enforcement 

authorities in accordance with sections 

3007, 3008, 3013, 7003 of RCRA, 42 

U.S.C. 6927, 6928, 6934, 6973, and any 

other applicable statutory and 

regulatory provisions, regardless of 

whether the State has taken its own 

actions, as well as in accordance with 

other statutory and regulatory 

provisions. 

(c) State Statutes and Regulations. (1) 

The South Dakota regulations cited in 

paragraph (c)(1)(i) of this section are 

incorporated by reference as part of the 

hazardous waste management program 

under subtitle C of RCRA, 42 U.S.C. 

6921 et seq. This incorporation by 

reference is approved by the Director of 

the Federal Register in accordance with 

5 U.S.C. 552(a) and 1 CFR part 51. 

Copies of the South Dakota regulations 

that are incorporated by reference in 

this paragraph are available from South 

Dakota Legislative Research Council, 

3rd Floor, State Capitol, 500 East 

Capitol Avenue, Pierre, SD 57501 

(Phone: 605–773–3251). 

(i) The Binder entitled ‘‘EPA 

Approved South Dakota Regulatory 

Requirements Applicable to the 

Hazardous Waste Management 

Program’’, dated [Month and Year of 

effective date of final rule]. 

(ii) [Reserved] 

(2) EPA considered the following 

statutes and regulations in evaluating 

the State program, but they are not 

incorporated by reference for 

enforcement purposes: 

(i) South Dakota Codified Laws 

(SDCL), as amended, effective July 1, 

2004, Title 1, State Affairs and 

Government: Chapter 1–26, 

Administrative Procedures and Rules, 

sections 1–26–1(1), 1–26–1(4), 1–26–

1(8) introductory paragraph, 1–26–

1(8)(a), 1–26–2, 1–26–6.6, 1–26–16 

through 1–26–19, 1–26–19.1, 1–26–19.2, 

1–26–27, 1–26–29, 1–26–30, 1–26–30.1, 

1–26–30.2, 1–26–30.4, 1–26–31, 1–26–

31.1, 1–26–31.2, 1–26–31.4, 1–26–35 

and 1–26–36; Chapter 1–27, Public 

Records and Files, sections 1–27–1, first 

sentence, 1–27–3, 1–27–9(2) and 1–27–

28(2); Chapter 1–32, Executive 

Reorganization, section 1–32–1(1); 

Chapter 1–40, Department of Natural 

Resources, sections 1–40–4.1, 1–40–24, 

1–40–31 and 1–40–34. 

(ii) SDCL, as amended, effective July 

1, 2004, Title 15, Civil Procedure: 

Chapter 15–6, Rules of Procedure in 

Circuit Courts, section 15–6–24(a)–(c). 

(iii) SDCL, as amended, effective July 

1, 2004, Title 19, Evidence: Chapter 19–

13, Privileges, sections 19–13–2(1), 19–

13–2(5), 19–13–3, 19–13–20 and 19–13–

22. 

(iv) SDCL, as amended, effective July 

1, 2004, Title 21, Judicial Remedies: 

Chapter 21–8, Injunction, section 21–8–

1. 

(v) SDCL, as amended, effective July 

1, 2004, Title 22, Crimes: Chapter 22–6, 

Authorized Punishments, sections 22–

6–1 introductory paragraph and 22–6–

1(6). 

(vi) SDCL, as amended, effective July 

1, 2004, Title 23, Law Enforcement: 

Chapter 23–5, Criminal Identification, 

sections 23–5–1, 23–5–10(1), 23–5–

10(3), 23–5–10(4) and 23–5–11 first 

sentence; Chapter 23–6, Criminal 

Statistics, section 23–6–4. 

(vii) SDCL, as amended, effective July 

1, 2004, Title 34, Public Health and 

Safety: Chapter 34–21, Radiation and 

Uranium Resources Exposure Control, 

section 34–21–2(7). 

(viii) SDCL, as amended, effective July 

1, 2004, Title 34A, Environmental 

Protection: Chapter 34A–6, Solid Waste 

Disposal, section 34A–6–1.3(17); 

Chapter 34A–10, Remedies for 

Protection of Environment, sections 

34A–10–1, 34A–10–2, 34A–10–5, 34A–

10–11, 34A–10–14 and 34A–10–16, 

Chapter 34A–11, Hazardous Waste 

Management, sections 34A–11–1 

through 34A–11–4, 34A–11–5, 34A–11–

8 through 34A–11–12, 34A–11–13 

through 34A–11–16, 34A–11–17 

through 34A–11–19, 34A–11–21 and 

34A–11–22. 

(ix) SDCL, as amended, effective July 

1, 2004, Title 37, Trade Regulation, 

Chapter 37–29, Uniform Trade Secrets 

Act, section 37–29–1(4). 

(x) Administrative Rules of South 

Dakota (ARSD), Article 74:08, 

Administrative Fees, effective August 

29, 2004: Chapter 74:08:01, Fees for 

Records Reproduction, sections 

74:08:01:01 through 74:08:01:07. 

(3) The following statutory provisions 

are broader in scope than the Federal 

program, are not part of the authorized 

program, are not incorporated by 

reference and are not federally 

enforceable: 

(i) SDCL, as amended, effective July 1, 

2004, Title 34A, Environmental 

Protection, Chapter 34A–11, Hazardous 

Waste Management, sections 34A–11–

12.1, 34A–11–16.1, 34A–11–25 and 

34A–11–26. 

(ii) [Reserved] 

(4) Unauthorized State Amendments. 

(i) South Dakota has adopted but is not 

authorized for the following Federal 

final rules: 

(A) Removal of Legally Obsolete Rules 

(HSWA/non-HSWA) (60 FR 33912, 06/ 

29/95); 

(B) Imports and Exports of Hazardous 

Waste: Implementation of OECD 

Council Division (HSWA—Not 

delegable to States) (61 FR 16290, 04/ 

12/96); 

(C) Clarification of Standards for 

Hazard Waste Land Disposal Restriction 

Treatment Variances (HSWA)(62 FR 

64504, 12/05/97); and 

(D) Vacatur of Organobromide 

Production Waste Listings (HSWA)(65 

FR 14472, 03/17/00). 

(ii) Those Federal rules written under 

RCRA provisions that predate HSWA 

(non-HSWA) which the State has 

adopted, but for which it is not 

authorized, are not Federally 

enforceable. In contrast, EPA will 

continue to enforce the Federal HSWA 

standards for which South Dakota is not 

authorized until the State receives 

specific authorization from EPA. 

(5) Memorandum of Agreement. The 

Memorandum of Agreement between 

EPA Region 8 and the State of South 

Dakota, signed by the State of South 

Dakota Department of Natural Resources 

on June 6, 1996, and by the EPA 

Regional Administrator on June 25, 

1996, although not incorporated by 

reference, is referenced as part of the 

authorized hazardous waste 

management program under subtitle C 

of RCRA, 42 U.S.C. 6921 et seq. 

(6) Statement of Legal Authority. 

‘‘Attorney General’s Statement for Final 

Authorization’’, signed by the Attorney 

General of South Dakota on May 24, 

1984, and revisions, supplements and 

addenda to that Statement dated January 

14, 1991, September 11, 1992, 

September 25, 1992, April 1, 1993, 

September 24, 1993, August 23, 1994, 

December 29, 1994, September 5, 1995, 

October 23, 1997, October 27, 1997, 

October 28, 1997, November 5, 1999, 

June 26, 2000, June 18, 2002 and 

October 19, 2004, although not 

incorporated by reference, are 

referenced as part of the authorized 

hazardous waste management program 

under subtitle C of RCRA, 42 U.S.C. 

6921 et seq. 

(7) Program Description. The Program 

Description and any other materials 

submitted as supplements thereto, 

although not incorporated by reference, 

are referenced as part of the authorized 

hazardous waste management program 

under subtitle C of RCRA, 42 U.S.C. 

6921 et seq. 

3. Appendix A to part 272 , State 

Requirements, is amended by adding in 

alphabetical order, ‘‘South Dakota’’ and 

its listing to read as follows: 

Federal Register / Vol. 70, No. 186 / Tuesday, September 27, 2005 / Proposed Rules 56425 

1Carbon monoxide is a colorless, odorless gas 

that is contained in the exhaust of gasoline powered 

motor vehicles. When inhaled in sufficient 

quantities, carbon monoxide can cause illness or 

death. 2The December 1996 Research Note reported data 

collected by the National Center for Health 

Statistics (NCHS) on the estimated number of 

people killed as a result of CO poisoning by exhaust 

gases from motor vehicles in 1993. The study 

examined factors such as stationary and moving 

vehicles, unintentional and suicidal CO deaths, 

season of the year, and vehicle location. NCHS 

reported that in 1993, 1,978 deaths occurred while 

the vehicle was in the stationary position. Eightyfour percent of the deaths were the result of suicide, 

12 percent were accidental and 3 percent were of 

unknown intent. The annual average of accidental 

fatalities in stationary vehicles for 1993 was 245. 

3The April 2000 Research Note reported an 

annual average of 222 accidental fatalities 

associated with CO poisoning for stationary 

vehicles for a period between 1995 and 1997. The 

data from the April 2000 Research Note indicated 

a decline in accidental fatalities in stationary 

vehicles from 234 CO fatalities in 1995 to 208 CO 

fatalities in 1997. 

4 ‘‘Non-Traffic Death and Injury Data Collection 

Study,’’ see http://www.nhtsa.dot.gov/cars/ 

problems/studies/NonTraffic-NonCrash/Images/ 

noncrash.pdf. 

5See 62 FR 49190, September 19, 1997. 

Appendix A to Part 272—State 

Requirements 

* * * * * 

South Dakota 

The regulatory provisions include: 

Administrative Rules of South Dakota, 

Article 74:28, Hazardous Waste, effective 

August 29, 2004, sections 74:28:21:01, 

74:28:21:02, 74:28:21:03, 74:28:22:01, 

74:28:23:01, 74:28:24:01, 74:28:25:01 through 

74:28:25:05, 74:28:26:01, 74:28:27:01, 

74:28:28:01 through 74:28:28:05, 74:28:29:01, 

74:28:30:01 and 74:28:33:01; Article 74:36, 

Air Pollution Control Program, as of August 

29, 2004, section 74:36:11:01. 

Copies of the South Dakota regulations that 

are incorporated by reference are available 

from South Dakota Legislative Research 

Council, 3rd Floor, State Capitol, 500 East 

Capitol Avenue, Pierre, SD 57501 (Phone: 

605–773–3251). 

* * * * * 

[FR Doc. 05–19255 Filed 9–26–05; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 571 

Federal Motor Vehicle Safety 

Standards 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Denial of petition for 

rulemaking. 

SUMMARY: This document denies a 

petition for rulemaking submitted by 

Mr. Albert Donnay requesting NHTSA 

to require manufacturers to offer carbon 

monoxide detectors in all new gasoline 

powered vehicles and to make available 

retrofit devices for older vehicles. These 

detectors would automatically shut off 

the engine when carbon monoxide 

levels inside the vehicle exceed a 

concentration of 200 parts per million, 

when the vehicle is stationary. The data 

show that a mandate for in-vehicle 

carbon monoxide detectors would fail to 

address more than 70% of vehiclerelated carbon monoxide deaths, 

because the victims are outside the 

vehicle. NHTSA will use its resources to 

consider safety areas where more 

effective solutions are available. 

FOR FURTHER INFORMATION CONTACT: Mr. 

John Lee, Office of Crash Avoidance 

Standards, NVS–123, National Highway 

Traffic Safety Administration, 400 7th 

Street, SW., Washington, DC 20590. 

Telephone: (202) 366–2720. Fax: (202) 

366–7002. 

For legal issues: Mr. George Feygin, 

Office of Chief Counsel, NCC–112, 

National Highway Traffic Safety 

Administration, 400 7th Street, SW., 

Washington, DC 20590. Telephone: 

(202) 366–2992. Fax: (202) 366–3820. 

SUPPLEMENTARY INFORMATION: On 

January 12, 2001, Mr. Albert Donnay 

submitted a petition for rulemaking 

requesting that NHTSA: (1) Issue annual 

press releases on the dangers of vehicle 

carbon monoxide 1 (CO) poisoning and 

recommend the use of CO detectors, (2) 

report CO vehicle-related fatalities 

(suicide, unintentional, in moving and 

stationary vehicles), (3) fund research 

on CO poisoning in vehicles, (4) require 

information on the dangers of carbon 

monoxide poisoning be included in 

owners’ manuals and (5) require 

manufacturers to install CO detectors in 

all new gasoline powered vehicles and 

offer equivalent devices for older 

vehicles. These detectors would have 

the capability to cut-off the engine when 

carbon monoxide levels inside the 

vehicle exceed a concentration of 200 

parts per million (ppm) for a stationary 

vehicle. In moving vehicles the 

occupants would be directed to open a 

window immediately when an audio 

and visual warning is given off by the 

detector when CO level reached 10 

ppm. In support of his petition, Mr. 

Donnay cited two NHTSA Research 

Notes, ‘‘Fatalities Associated With 

Carbon Monoxide Poisoning From 

Motor Vehicles in 1993’’ December 

1996,2 and ‘‘Fatalities Associated With 

Carbon Monoxide Poisoning From 

Motor Vehicles, 1995–1997’’ April 

2000.3

The agency is denying the petition for 

the reasons explained below. We began 

our consideration of the petition by 

reviewing the data. In May 2004, the 

agency published a more 

comprehensive study of injuries and 

fatalities resulting from, among other 

things, CO poisoning.4 This study was 

based on a review of 1998 death 

certificates from 35 states. The results of 

the study found that CO deaths most 

often do not involve moving vehicles, 

but rather vehicles left running in 

enclosed spaces. There were 140 deaths 

associated with vehicle generated 

carbon monoxide poisoning found in 

the death certificates reviewed. Of the 

140 deaths, 41 deaths (29%) occurred 

while the individual was sitting in the 

vehicle. The other 71% of deaths 

involved people outside the vehicle. 

One hundred twenty-nine of the 

fatalities (92%) occurred in a garage, 

home, or residence. Most of the 

scenarios involved someone working on 

a vehicle with the vehicle running in a 

closed garage, or a death in a residence 

when someone left a vehicle running in 

a garage attached to the home. A review 

of scientific literature cited in the report 

found, ‘‘Unintentional poisonings from 

vehicle-generated carbon monoxide 

diminished toward the close of the 20th 

century, with a particular decline in 

these types of incidents noted in the 

years following 1975 when catalytic 

converters were introduced into 

automobiles. The steady decline from 

4.0 to 0.9 deaths per 1 million personyears since 1975 represents a 76.3 

percent decrease. The total number of 

1998 unintentional motor vehicle 

related deaths from carbon monoxide 

has been reported at 238.’’ Thus, there 

is a decline in vehicle-related CO deaths 

absent any regulation. In addition, the 

data about vehicle-related CO deaths 

indicate a home CO detector would be 

substantially more effective than a 

vehicle CO detector at preventing these 

deaths because 92% of the fatalities 

occurred at the home. 

Further, we note that NHTSA has 

previously denied a petition for 

rulemaking that is substantially similar 

to Mr. Donnay’s petition,5 because the 

costs far exceeded the expected benefits. 

Specifically, the agency denied a 

petition for rulemaking submitted by 

Mr. Herb Denenberg, which requested 

that: (1) The agency require carbon 

monoxide detectors in all new motor 

vehicles; (2) the agency require 

manufacturers to offer optional carbon 

monoxide detectors in all new motor 

vehicles, (3) the agency require that the 

owners’ manuals indicate the