8610 Federal Register / Vol. 73, No. 31 / Thursday, February 14, 2008 / Rules and Regulations 

§ 702.9037–1T Transfer of amounts to the 

Presidential Primary Matching Payment 

Account (temporary). 

(a) In general. The Secretary will 

deposit amounts into the Presidential 

Primary Matching Payment Account 

(Primary Account) only to the extent 

that there are amounts in the 

Presidential Election Campaign Fund 

(Fund) after the transfers prescribed by 

§ 701.9006–1(c) and (d). The Secretary 

will make this deposit promptly from 

amounts that have actually been 

transferred to the Fund under 

§ 701.9006–1(a). Any amounts in the 

Primary Account after October 31 

following a presidential election will be 

returned to the Fund for the purpose of 

making the transfers prescribed by 

§ 701.9006–1(c), (d), and (f) for the next 

presidential election. 

(b) Effective/applicability date. (1) 

These regulations apply to the Primary 

Account on or after February 2, 1996. 

(2) Expiration Date. This section 

expires on February 11, 2011. 

■ Par. 4. Section 702.9037–2 is 

amended by adding paragraph (e) to 

read as follows: 

§ 702.9037–2 Payments from the 

Presidential Primary Matching Payment 

Account. 

* * * * * 

(e) Effective/applicability date. These 

regulations apply to the Primary 

Account before February 2, 1996. 

■ Par. 5. Section 702.9037–2T is added 

to read as follows: 

§ 702.9037–2T Payments from the 

Presidential Primary Matching Payment 

Account (temporary). 

(a) In general. Pursuant to section 

9036, the Federal Election Commission 

(Commission) will certify to the 

Secretary the full amount of payment to 

which a candidate is entitled under 

section 9034. The Secretary will pay 

promptly, but not before the start of the 

matching payment period under section 

9032(6), the amounts certified by the 

Commission from the Presidential 

Primary Matching Payment Account 

(Primary Account) to the candidate. 

(b) Additional guidance. The Internal 

Revenue Service may publish guidance 

in the Internal Revenue Bulletin (see 

§ 601.601(d)(2)(ii)(b) of this chapter) 

prescribing additional rules and 

procedures for the Primary Account. 

(c) Effective/applicability date. (1) 

These regulations apply to the Primary 

Account on or after February 2, 1996. 

(2) Expiration Date. This section 

expires on February 11, 2011. 

Linda E. Stiff, 

Deputy Commissioner for Services and 

Enforcement. 

Approved: February 1, 2008. 

Eric Solomon, 

Assistant Secretary of the Treasury (Tax 

Policy). 

[FR Doc. 08–674 Filed 2–11–08; 12:09 pm] 

BILLING CODE 4830–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 271 and 272 

[EPA–R08–RCRA–2006–0501; FRL–8524–7] 

North Dakota: Final Authorization of 

State Hazardous Waste Management 

Program Revisions and Incorporation 

by Reference of Approved Hazardous 

Waste Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Immediate final rule. 

SUMMARY: The Solid Waste Disposal Act, 

as amended, commonly referred to as 

the Resource Conservation and 

Recovery Act (RCRA), allows the 

Environmental Protection Agency (EPA) 

to authorize States to operate their 

hazardous waste management programs 

in lieu of the federal program. EPA uses 

the regulations entitled ‘‘Approved State 

Hazardous Waste Management 

Programs’’ to provide notice of the 

authorization status of State programs 

and to incorporate by reference those 

provisions of the State regulations that 

will be subject to EPA’s inspection and 

enforcement. This rule codifies in the 

regulations the prior approval of North 

Dakota’s hazardous waste management 

program and incorporates by reference 

authorized provisions of the State’s 

regulations. In addition, this document 

corrects errors made in the Federal 

Register authorization documents for 

North Dakota published on June 25, 

1990 and September 26, 2005. 

DATES: This final authorization will 

become effective on April 14, 2008, 

unless the EPA receives adverse written 

comment by March 17, 2008. If adverse 

comment is received, EPA will publish 

a timely withdrawal of the immediate 

final rule in the Federal Register 

informing the public that the rule will 

not take effect. The incorporation by 

reference of authorized provisions in the 

North Dakota statutes and regulations 

contained in this rule is approved by the 

Director of the Federal Register as of 

April 14, 2008. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08–

RCRA–2006–0501, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• E-mail: daly.carl@epa.gov. 

• Fax: (303) 312–6341. 

• Mail: Send written comments to 

Carl Daly, Solid and Hazardous Waste 

Program, EPA Region 8, Mailcode 8P–

HW, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129. 

• Hand Delivery or Courier: Deliver 

your comments to Carl Daly, Solid and 

Hazardous Waste Program, EPA Region 

8, Mailcode 8P–HW, 1595 Wynkoop 

Street, Denver, Colorado 80202–1129. 

Such deliveries are only accepted 

during the Regional Office’s normal 

hours of operation. The public is 

advised to call in advance to verify the 

business hours. Special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R08–RCRA–2006–

0501. EPA’s policy is that all comments 

received will be included in the public 

docket without change, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov, or e-mail. The 

federal web site, (http:// 

www.regulations.gov) 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 http:// 

www.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 or any form of 

encryption, and be free of any defects or 

viruses. (For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm). 


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Federal Register / Vol. 73, No. 31 / Thursday, February 14, 2008 / Rules and Regulations 8611 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically through 

www.regulations.gov or in hard copy at: 

EPA Region 8, from 9 a.m. to 4 p.m., 

1595 Wynkoop Street, Denver, 

Colorado, contact: Carl Daly, phone 

number (303) 312–6416, or, the North 

Dakota Department of Health (NDDH) 

from 9 a.m. to 4 p.m., 1200 Missouri 

Ave., Bismarck, ND 58504–5264, 

contact: Curt Erickson, phone number 

(701) 328–5166. The public is advised to 

call in advance to verify the business 

hours. 

FOR FURTHER INFORMATION CONTACT: Carl 

Daly, Solid and Hazardous Waste 

Program, EPA Region 8, 1595 Wynkoop 

Street, Denver, Colorado 80202, (303) 

312–6416, daly.carl@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Authorization of Revisions to North 

Dakota’s Hazardous Waste Program 

A. Why Are Revisions to State Programs 

Necessary? 

B. What Decisions Have We Made in This 

Rule? 

C. What Is the Effect of This Authorization 

Decision? 

D. Why Wasn’t There a Proposed Rule 

Before This Rule? 

E. What Happens if the EPA Receives 

Comments That Oppose This Action? 

F. For What Has North Dakota Previously 

Been Authorized? 

G. What Changes Are We Authorizing With 

This Action? 

H. Why Are the Revised State Rules 

Different From the Federal Rules? 

I. Who Handles Permits After the 

Authorization Takes Effect? 

J. How Does This Action Affect Indian 

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

Dakota? 

II. Corrections 

A. Corrections to June 25, 1990 (55 FR 

25836) Authorization Document 

B. Corrections to September 26, 2005 (70 

FR 56132) Authorization Document 

III. Incorporation by Reference 

A. What is Codification? 

B. What Decisions Have We Made in This 

Action? 

C. What is the Effect of North Dakota’s 

Codification on Enforcement? 

D. What State Provisions Are Not Part of 

the Codification? 

E. What Will be the Effect of Federal 

HSWA Requirements on the 

Codification? 

IV. Statutory and Executive Order Reviews 

I. Authorization of Revisions to North 

Dakota’s Hazardous Waste Program 

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 This 

Authorization Decision? 

The effect of this decision is that 

facilities in North Dakota subject to 

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 This 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 the EPA Receives 

Comments That Oppose 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. For What Has North Dakota 

Previously Been Authorized? 

North Dakota initially received final 

authorization on October 5, 1984, 

effective October 19, 1984 (49 FR 39328) 

to implement the RCRA hazardous 

waste management program. We granted 

authorization for changes to their 

program on June 25, 1990, effective 

August 24, 1990 (55 FR 25836), May 4, 

1992, effective July 6, 1992 (57 FR 

19087), April 7, 1994, effective June 6, 

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

effective March 20, 2000 (65 FR 02897), 

and September 26, 2005, effective 

November 25, 2005 (70 FR 56132). 


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8612 Federal Register / Vol. 73, No. 31 / Thursday, February 14, 2008 / Rules and Regulations 

G. What Changes Are We Authorizing 

With This 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. During the approval of the 

revisions in the September 26, 2005 

Federal Register, we inadvertently 

missed the rules being approved in this 

Federal Register. 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: 

1. Program Revision Changes for Federal 

Rules 

North Dakota seeks authority to 

administer the federal requirements that 

are listed below (the Federal Citation is 

followed by the analog from the North 

Dakota Administrative Code (NDAC), 

Article 33–24, as revised December 1, 

2003): Universal Treatment Standards 

and Treatment Standards for Organic 

Toxicity Characteristic Wastes and 

Newly Listed Wastes (59 FR 47982, 09/ 

19/94 and 60 FR 00242, 01/03/95) 

(Checklists 137 and 137.1)/33–24–01–09 

introductory paragraph, 33–24–01–09.2, 

33–24–01–10.1 and 10.2, 33–24–01–11 

introductory paragraph, 33–24–01–12 

introductory paragraph, 33–24–01–12.1 

and 12.2, 33–24–02–02.5.a.(3), 33–24–

05–01.6.f, 33–24–05/Appendices VIII, 

and XXVIII, 33–24–05–204.1, 33–24–

05–250.3.c.(2), 33–24–05–250.5.d, 33–

24–05–251.1, 33–24–05–251.10, 33–24–

05–256.1.a, 33–24–05–256.1.b 

introductory paragraph, 33–24–05–

256.1.c introductory paragraph, 33–24–

05–256.1.e thru 256.1.j, 33–24–05–

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

24–05–256.4 and .4.a, 33–24–05–258.1, 

33–24–05–258.4.a.(1) and (2), 33–24–

05–258.4.b.(1), 33–24–05–278.1 thru .5, 

33–24–05–280.1 thru 280.6, 33–24–05–

280/Table, 33–24–05–281, 33–24–05–

282.1, 33–24–05–282.1/Tables 1, 33–24–

05–282.3.b, 33–24–05–282.4, 33–24–05–

283, 33–24–05–283/Table CCW, 33–24–

05–285.2.b, 33–24–05–286, 33–24–05–

288, 33–24–05–288/Table UTS, 33–24–

05–525.4.a, 33–24–05–525.4.c, 33–24–

05–525.4.c.(1), 33–24–05–525.4.c.(1)(a), 

33–24–05–525.4.c.(2), 33–24–06–16.5; 

Kraft Mill Steam Stripper Condensate 

Exclusion (63 FR 18504, 04/15/98) 

(Checklist 164)/33–24–02–04.1.o; 

CAMU Amendments (67 FR 02962, 01/ 

22/02) (Checklist 196)/33–24–01–04, 

33–24–01–04.99, 33–24–05–550.1 and 

.2, 33–24–05–551.1, 33–24–05–552.1 

thru 552.1.e, 33–24–05–552.2.a thru 33–

24–05–552.11, 33–24–05–554.1.a and .b, 

33–24–05–555.1 thru 555.7; Recycled 

Used Oil Management Standards; 

Clarification (68 FR 44659, 07/30/03) 

(Checklist 203)/33–24–02–05.10, 33–24–

05–610.9, 33–24–05–674, 33–24–05–

674.2 thru 674.2.d. 

2. State-Initiated Changes 

North Dakota has made amendments 

to its regulations that are not directly 

related to any of the federal rules 

addressed in Item G.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 North Dakota Administrative Code 

(NDAC), Article 33–24, as revised 

December 1, 2003, (unless otherwise 

indicated): 33–24–01–03; 33–24–01–

04.5 ‘‘Administrator’’ or ‘‘regional 

administrator’’; 33–24–01–07; 33–24–

01–13 introductory paragraph and .1 

through .4; 33–24–01–13.5; 33–24–01–

14; 33–24–01–15; 33–24–02–01.1.b 

through .d; 33–24–02–04.1 introductory 

paragraph and .1.a through .e; 33–24–

02–04.2 introductory paragraph; 33–24–

02–04.2.i; 33–24–02–04.3 and .4.a 

introductory paragraph; 33–24–02–

05.5.b; 33–24–02–05.7.b; 33–24–02–18.1 

through .2; 33–24–02–18.4; 33–24–02–

19.2.b(3)(a); 33–24–03–02.1 and .2; 33–

24–03–02.3.c; 33–24–03–07.1.a and .b; 

33–24–03–13.2, (except the phrase 

‘‘March first of each even-numbered 

year’’); 33–24–03–14.1 introductory 

paragraph; 33–24–03–14.1.a and .b; 33–

24–03–14.2; 33–24–03–14.3; 33–24–03–

15.2 introductory paragraph; 33–24–03–

16.1; 33–24–03–17; 33–24–03–20; 33–

24–03–40; 33–24–04–04.4.a and .b; 33–

24–04–04.6.a(3)(c) and .6.a(4); 33–24–

04–04.6.c(1) and (2); 33–24–04–

04.6.d(1) and (2); 33–24–04–04.7.a and 

.b; 33–24–04–04.8.b(3); 33–24–04–

06.3.a; 33–24–05–01.5; 33–24–05–01.8; 

33–24–05–29.6; 33–24–05–40.2.j 

through .n; 33–24–05–40.2.o and .p; 33–

24–05–42 introductory paragraph; 33–

24–05–44 introductory paragraph; 33–

24–05–50; 33–24–05–51, (except Table 

1); 33–24–05–61.1 introductory 

paragraph and .1.a; 33–24–05–63; 33–

24–05–64; 33–24–05–67.1 through .2 

introductory paragraph; 33–24–05–

67.4.c and .d; 33–24–05–74.1 and .2 

introductory paragraph; 33–24–05–

77.6.a introductory paragraph; 33–24–

05–77.6.a(1) introductory paragraph and 

(a); 33–24–05–77.6.a(1)(c); 33–24–05–

77.6.a(2) introductory paragraph and (a); 

33–24–05–77.6.a(2)(c); 33–24–05–77.6.b 

through .i; 33–24–05–77.6.k; 33–24–05–

79.1.a(1) and (2); 33–24–05–79.2.a(1) 

and (2); 33–24–05–79.6.a and .b; 33–24–

05–79.6.c introductory paragraph; 33–

24–05–79.6.c(2) and (3); 33–24–05–

79.6.d and .e; 33–24–05–79.6.g; 33–24–

05–80.1; 33–24–05–81.1; 33–24–05–

81.9; 33–24–05–81.10; 33–24–05–93; 

33–24–05–105; 33–24–05–108.2.a; 33–

24–05–118; 33–24–05–119.1 

introductory paragraph; 33–24–05–

119.1.a through .c; 33–24–05–119.2; 33–

24–05–119.5; 33–24–05–120.1 through 

.3; 33–24–05–121; 33–24–05–122.1 

through .2.a; 33–24–05–122.2.c and .d; 

33–24–05–122.3; 33–24–05–123.1 

through .3; 33–24–05–124; 33–24–05–

125; 33–24–05–131.1 introductory 

paragraph; 33–24–05–131.1.a and .b; 

33–24–05–132.1; 33–24–05–165.1.a; 33–

24–05–177.1 introductory paragraph 

through .2.c; 33–24–05–177.5 

introductory paragraph; 33–24–05–

177.5.b; 33–24–05–178.1; 33–24–05–

182; 33–24–05–183.1 introductory 

paragraph; 33–24–05–183.4, (except 

.4.a(2)); 33–24–05–271.1; 33–24–05–

406.1.a; 33–24–05–435; 33–24–05–476; 

33–24–05–501; 33–24–05–504.2.a and 

.b; 33–24–05, Appendices III and IV; 

33–24–06–01.2.b(9), (except .2.b(9)(a)(4) 

and .2.b(9)(c)); 33–24–06–01.2.c; 33–24–

06–01.10; 33–24–06–03.2 and .3; 33–24–

06–04.10.c; 33–24–06–04.12.f and .j; 33–

24–06–06.1; 33–24–06–08.2; 33–24–06–

14.5.b(1)(a); 33–24–06–14.5.c(2)(b); 33–

24–06–14.6; 33–24–06–17.2.u(2)(a); 33–

24–06–17.2.v(2); 33–24–06–17.3, 

(except .d(2)); 33–24–06–18.2 

introductory paragraph through .2.c(6); 

33–24–07–05.2.b; 33–24–07–06.3.a(5) 

and (6). 

Since the base program, North Dakota 

has removed certain provisions from the 

authorized program regulations which 

resulted in the clarification of the State’s 

program. These provisions have been 

reviewed and we have determined that 

it is appropriate for the State to remove 

them and that their removal has no 

impact on the equivalency or 

consistency with the federal program. 

The provisions removed were NDAC 

sections 33–24–05–116.1.b, .c, and .e, 

and 33–24–05–251.2, as found in the 

December 1, 1988 version of the 

regulations; and 33–24–06–17.2.v.(3)(b) 

and (c), 33–24–06–17.2.z, and 33–24–

06–20, as found in the January 1, 1984 

version of the regulations. 


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H. Why Are the Revised State Rules 

Different From the Federal Rules? 

We consider the following State 

requirements to be more stringent than 

the federal requirements: 33–24–03–

12.1.a(1) and (2), because North Dakota 

subjects generators to full status rather 

than interim status standards; 33–24–

05–108.2.a., because North Dakota 

requires facilities to perform daily 

inspections of overfill and spill control 

equipment rather than allowing the 

facility to determine the inspection 

frequency. 

There are no requirements that are 

broader-in-scope than the federal 

program in these revisions. 

North Dakota’s rules, promulgated 

pursuant to this application, contain 

several errors which may create 

confusion within the regulated 

community. EPA has determined that 

the errors associated with the issues do 

not pose implementation or 

enforcement problems. Therefore, EPA 

will approve this application with the 

understanding that the State will correct 

these items during its next rulemaking. 

These errors are at the following 

citations within the North Dakota 

Administrative Code (NDAC), revised 

December 1, 2003: 33–24–05–278.1, 33–

24–05–552.5.d.(4)(a), 33–24–05–

552.5.d.(4)(e). 

I. Who Handles Permits After the 

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 section G. 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 This 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. 

II. Corrections 

A. Corrections to June 25, 1990 (55 FR 

25836) Authorization Document 

There were four sections of the North 

Dakota Administrative Code (NDAC) 

that were incorrectly authorized as part 

of the authorization notice published 

June 25, 1990 (55 FR 25836). The State 

provisions 33–24–05–254, 33–24–05–

255, 33–24–05–282.2, and 33–24–05–

284.1 through .7 should have been 

excluded from the authorized program 

as non-delegable provisions. These State 

provisions are analogous to the 

following Part 268 sections for which 

States are not authorized because 

decisions made pursuant to the sections 

require examination of national 

concerns: 268.5 (case-by-case effective 

date extensions), 268.42(b) (application 

for alternate treatment method) and 

268.44(a)–(g) (general treatment 

standard variances). ‘‘No migration’’

petitions under 268.6 are also handled 

by EPA. 

B. Corrections to September 26, 2005 (70 

FR 56132) Authorization Document 

There were typographical errors and 

omissions published as part of the 

September 26, 2005 (70 FR 56132) 

authorization notice for North Dakota. 

The corrections for the affected entries 

are as follows (the corrections have been 

italicized): 

1. In the entry for Checklist 156, ‘‘33–

24–06–800’’ should be ‘‘33–24–05–800’’; 

and the citations 33–24–06–

01.2.b(9)(a)(4) and .2.b(9)(c) were 

omitted; 

2. In the entry for Checklist 157, ‘‘33–

24–02–01.3.i through fig. 1’’ should be 

‘‘33–24–02–01.3.i through .3.l’’; 

3. In the entry for Checklist 158, ‘‘33–

24–532.6’’ should be ‘‘33–24–05–532.6’’; 

4. In the entry for Checklist 167D, 

‘‘33–24–02–02.3.d/Chart 1’’ should be 

‘‘33–24–02–02/Table 1’’; and 

5. In the entry for the Consolidated 

Checklist addressing Boilers and 

Industrial Furnaces, ‘‘33–24–05–529.1.a 

through 529.9’’ should be ‘‘33–24–05–

529.1.a through 529.8’’. 

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 Made in 

This Action? 

Today’s action codifies EPA’s 

authorization of North Dakota’s base 

hazardous waste management program 

and its revisions to that program. This 

codification reflects the State program 

that will be in effect when EPA’s 

authorized revisions to the North Dakota 

hazardous waste management program 

addressed in this final rule become 

final. Except as discussed above in 

sections I.G. and II, this 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.F of this 

document concerning previous 

revisions to the authorized program in 

North Dakota. 

EPA is incorporating by reference 

EPA’s approval of North Dakota’s 

hazardous waste management program 

by amending Subpart JJ to 40 CFR part 

272. This action amends § 272.1751 and 

incorporates by reference North 

Dakota’s authorized hazardous waste 

statutes and regulations. Section 


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272.1751 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, 

§ 272.1751 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 under 

Subtitle C of RCRA. 

C. What is the Effect of North 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 

incorporating by reference North 

Dakota’s inspection and enforcement 

authorities nor are those authorities part 

of North Dakota’s approved State 

program which operates in lieu of the 

federal program. 40 CFR 272.1751(c)(2) 

lists these authorities for informational 

purposes, and also because EPA 

considered them in determining the 

adequacy of North Dakota’s procedural 

and enforcement authorities. North 

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 Part 

of the Codification? 

The public is reminded that some 

provisions of North 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) Unauthorized amendments to 

authorized State provisions; 

(3) New unauthorized State 

requirements; and 

(4) 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-inscope’’ than the federal program are not 

incorporated by reference in 40 CFR 

part 272. For reference and clarity, 40 

CFR 272.1751(c)(3) lists the North 

Dakota statutory and regulatory 

provisions which are ‘‘broader-inscope’’ 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. 

Additionally, North Dakota’s 

hazardous waste regulations include 

amendments which have not been 

authorized by EPA. Since EPA cannot 

enforce State requirements which have 

not been reviewed and authorized in 

accordance with RCRA section 3006 and 

40 CFR part 271, it is important to be 

precise in delineating the scope of a 

State’s authorized hazardous waste 

program. Regulatory provisions that 

have not been authorized by EPA 

include amendments to previously 

authorized State regulations as well as 

new State requirements. 

In those instances where North 

Dakota has made unauthorized 

amendments to previously authorized 

sections of State code, EPA is 

identifying in 40 CFR 272.1751(c)(4) any 

regulations which, while adopted by the 

State and incorporated by reference, 

include language not authorized by 

EPA. Those unauthorized portions of 

the State regulations are not federally 

enforceable. Thus, notwithstanding the 

language in the North Dakota hazardous 

waste regulations incorporated by 

reference at 40 CFR 272.1751(c)(1), EPA 

will only enforce those portions of the 

State regulations that are actually 

authorized by EPA. For the convenience 

of the regulated community, the actual 

State regulatory text authorized by EPA 

for the citations listed at 272.1751(c)(4) 

(i.e., without the unauthorized 

amendments) is compiled as a separate 

document, Addendum to the EPA 

Approved North Dakota Statutory and 

Regulatory Requirements Applicable to 

the Hazardous Waste Management 

Program, July 2006. This document is 

available from EPA Region 8, 1595 

Wynkoop Street, Denver, Colorado 

80202. 

State provisions that are not 

incorporated by reference in today’s rule 

at 40 CFR 272.1751(c)(1), or that are not 

listed in 40 CFR 272.1751(c)(2) 

(‘‘procedural and enforcement’’), 40 CFR 

272.1751(c)(3) (‘‘broader in scope’’) or 

40 CFR 272.1751(c)(4) (‘‘unauthorized 

amendments to authorized State 

provisions’’), are considered new 

unauthorized State requirements. These 

requirements are not federally 

enforceable. 

E. What Will be the Effect of Federal 

HSWA Requirements on the 

Codification? 

With respect to any requirement(s) 

pursuant to the Hazardous and Solid 

Waste Amendments of 1984 (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 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. Statutory and Executive Order 

Reviews 

The Office of Management and Budget 

(OMB) 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 preexisting requirements 

under State law and does not impose 

any additional enforceable duty beyond 

that required by State law, it does not 

contain any unfunded mandate or 

significantly or uniquely affect small 


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Federal Register / Vol. 73, No. 31 / Thursday, February 14, 2008 / Rules and Regulations 8615 

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), the EPA grants 

a State’s application for authorization as 

long as the State meets the criteria 

required by RCRA. It would thus be 

inconsistent with applicable law for the 

EPA, when it reviews a State 

authorization application, to require the 

use of any particular voluntary 

consensus standard in place of another 

standard that otherwise satisfies the 

requirements of RCRA. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

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

272 note) do not apply. As required by 

section 3 of Executive Order 12988 (61 

FR 4729, February 7, 1996), in issuing 

this rule, the EPA has taken the 

necessary steps to eliminate drafting 

errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct. The 

EPA has complied with Executive Order 

12630 (53 FR 8859, March 15, 1988) by 

examining the takings implications of 

the 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 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. The EPA will 

submit a report containing this 

document and other required 

information to the U.S. Senate, the U.S. 

House of Representatives, and the 

Comptroller General of the United 

States prior to publication in the 

Federal Register. A major rule cannot 

take effect until 60 days after it is 

published in the Federal Register. This 

action is not a ‘‘major rule’’ as defined 

by 5 U.S.C. 804(2). This action will be 

effective April 14, 2008. 

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. 

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: January 22, 2008. 

Carol Rushin, 

Acting Regional Administrator, Region 8. 

■ For the reasons set forth in the 

preamble, under the authority at 42 

U.S.C. 6912(a), 6926, and 6974(b), EPA 

is granting final authorization under 

part 271 to the State of North Dakota for 

revisions to its hazardous waste 

program under the Resource 

Conservation and Recovery Act and is 

amending 40 CFR part 272 as follows: 

PART 272—APPROVED STATE 

HAZARDOUS WASTE MANAGEMENT 

PROGRAMS 

■ 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 JJ—[Amended] 

■ 2. Subpart JJ is amended by adding 

§ 272.1751 to read as follows: 

§ 272.1751 North Dakota Stateadministered program: Final authorization. 

(a) Pursuant to section 3006(b) of 

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

has final authorization for the following 

elements as submitted to EPA in North 

Dakota’s base program application for 

final authorization which was approved 

by EPA effective on October 19, 1984. 

Subsequent program revision 

applications were approved effective on 

August 24, 1990, July 6, 1992, June 6, 

1994, March 20, 2000, November 25, 

2005, and April 14, 2008. 

(b) The State of North 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 North Dakota statutes and 

regulations cited in paragraph (c)(1)(i) of 

this section are incorporated by 

reference as part of the hazardous waste 

management program under subtitle C 

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

Director of the Federal Register 

approves this incorporation by reference 

in accordance with 5 U.S.C. 552(a) and 

1 CFR part 51. You may obtain copies 

of the North Dakota statutes that are 

incorporated by reference from the 

Matthew Bender & Company Inc., P. O. 

Box 7587, Charlottesville, VA, 22906–

7587, phone number: (800) 833–9844. 

You may obtain copies of the North 

Dakota regulations that are incorporated 

by reference in this paragraph from the 

North Dakota Legislative Counsel, 

Second Floor, State Capitol, 600 E 

Boulevard, Bismarck ND 58505, phone: 

(701) 328–2916. You may inspect a copy 

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

1595 Wynkoop Street, Denver, CO, 

80202, or at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/ 

federal-register/cfr/ibr-locations.html. 

(i) The Binder entitled ‘‘EPA 

Approved North Dakota Statutory and 

Regulatory Requirements Applicable to 

the Hazardous Waste Management 

Program’’, dated July 2006. 

(ii) [Reserved] 

(2) EPA considered the following 

statutes and regulations in evaluating 

the State program but is not 


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incorporating them herein for 

enforcement purposes: 

(i) North Dakota Century Code, 1998 

Replacement, Volume 13A, North 

Dakota Constitution, Article XI: Sections 

5 and 6. 

(ii) North Dakota Century Code, 2002 

Replacement, Volume 4A, Chapter 23–

01 ‘‘Department of Health’’ Section 23–

01–04.1, (except (6)). 

(iii) North Dakota Century Code, 

Volume 4A, 2002 Replacement, as 

amended by the 2005 Pocket 

Supplement. Chapter 23–20.3 

‘‘Hazardous Waste’’: Sections 23–20.3–

01, (except (5) and (6)); 23–20.3–02, 

(except (1), (9), (11), (12), and (17)); 23–

20.3–03; 23–20.3–04; 23–20.3–05(3), (5), 

(6), and (8); 23–20.3–06; 23–20.3–07; 

23–20.3–08; 23–20.3–09; and 23–20.3–

10. 

(iv) North Dakota Century Code, 

Volume 4A, 2002 Replacement. Chapter 

23–29 ‘‘Solid Waste Management’’: 

Section 23–29–04. 

(v) North Dakota Century Code, 

Volume 5, 1991 Replacement. Chapter 

28–32 ‘‘Administrative Agencies 

Practice Act’’: Section 28–32–21.1. 

(vi) North Dakota Century Code, 

Volume 6, 1996 Replacement. Chapter 

32–40 ‘‘Environmental Law 

Enforcement’’: Sections 32–40–03; 32–

40–04; 32–40–05; 32–40–06; 32–40–07; 

32–40–08; 32–40–09; 32–40–10; and 32–

40–11. 

(vii) North Dakota Century Code, 

Volume 9A, 2001 Replacement, as 

amended by the 2003 Pocket 

Supplement. Chapter 44–04 ‘‘Duties, 

Records, and Meetings’’: Sections 44–

04–18; 44–04–18.1; 44–04–18.2; 44–04–

18.3; 44–04–18.4; 44–04–18.5; 44–04–

18.6; 44–04–18.7; 44–04–18.8; 44–04–

19; and 44–04–19.1. 

(viii) North Dakota Administrative 

Code (NDAC), Article 33–24, Hazardous 

Waste Management, as amended 

through December 1, 2003: sections 33–

24–01–15; 33–24–01–16; 33–24–06–05, 

(except .1.c); 33–24–06–06.2 and .3; 33–

24–06–09; 33–24–06–15, (except 

introductory paragraph through .1.a); 

33–24–07–03.4; 33–24–07–04 through 

33–24–07–14; and 33–24–07–25 through 

33–24–07–27. 

(3) The following statutory and 

regulatory provisions are broader in 

scope than the federal program, are not 

part of the authorized program, are not 

incorporated by reference and are not 

federally enforceable: 

(i) North Dakota Century Code, 2002 

Replacement, Volume 4A, Chapter 23–

01: ‘‘Department of Health’’, 

‘‘Rulemaking Authority and Procedure’’

Section 23–01–04.1(6). 

(ii) North Dakota Century Code, 

Volume 4A, 2002 Replacement, as 

amended by the 2005 Pocket 

Supplement. Chapter 23–20.3 

‘‘Hazardous Waste’’: Sections 23–20.3–

02 (1); 23–20.3–05.1; 23–20.3–05.2; and 

23–20.3–05.3. 

(iii) North Dakota Administrative 

Code (NDAC), Article 33–24, 

‘‘Hazardous Waste Management’’, as 

amended through December 1, 2003, 

sections 33–24–04–02.3, 33–24–06–

14.3.a(4) and 33–24–06–21. 

(iv) North Dakota’s hazardous waste 

regulations set forth additional 

transporter requirements including 

permit requirements at 33–24–04–02. 

The transporter permit requirements are 

broader in scope than the federal 

program. 

(4) Unauthorized State Amendments. 

(i) The authorized provisions at sections 

of the NDAC Article 33:24, as amended 

through December 1, 2003 include 

amendments that are not approved by 

EPA. Such unauthorized amendments 

are not part of the State’s authorized 

program and are, therefore, not federally 

enforceable. Thus, notwithstanding the 

language in the North Dakota hazardous 

waste regulations incorporated by 

reference at paragraph (c)(1)(i) of this 

section, EPA will enforce the State 

regulations that are actually authorized 

by EPA. The effective dates of the 

State’s authorized provisions are listed 

in the following table. 

NORTH DAKOTA ADMINISTRATIVE CODE (NDAC), ARTICLE 33–24 

State citation Description Effective date 

33–24–02–07.4 introductory paragraph .................................. Residues of Hazardous Waste in Empty Containers ............. 10/1/86 

33–24–03–12.2 ........................................................................ Accumulation Time .................................................................. 1/1/84 

33–24–05–421 ......................................................................... Applicability of Definitions ....................................................... 12/1/91 

33–24–06–17.2.y(8) ................................................................. Contents of Permit Application ................................................ 1/1/84 

(ii) The actual State regulatory text 

authorized by EPA (i.e., without the 

unauthorized amendments) is available 

as a separate document, Addendum to 

the EPA Approved North Dakota 

Statutory and Regulatory Requirements 

Applicable to the Hazardous Waste 

Management Program, July 2006. This 

document is available from EPA Region 

8, from 9 a.m. to 4 p.m., 1595 Wynkoop 

Street, Denver, Colorado 80202. 

(5) Memorandum of Agreement. The 

Memorandum of Agreement between 

EPA Region 8 and the State of North 

Dakota, signed by the State of North 

Dakota State Department of Health on 

June 6, 2003, and by the EPA Regional 

Administrator on August 29, 2003, 

although not incorporated by reference, 

is referenced as part of the authorized 

hazardous waste management program 

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

6921, et seq. 

(6) Statement of Legal Authority. 

‘‘Attorney General’s Statement: 

Hazardous Waste Management 

Program’’ signed by the Attorney 

General of North Dakota on June 8, 

1984, and revisions, supplements, and 

addenda to that Statement dated 

February 22, 1989, February 11, 1994, 

October 13, 1999, April 23, 2004, and 

August 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 is amended 

by adding in alphabetical order, ‘‘North 

Dakota’’ and its listing to read as 

follows: 

Appendix A to Part 272—State 

Requirements 

* * * * * 

North Dakota 

(a) The statutory provisions include: North 

Dakota Century Code, Volume 4A, 2002 

Replacement. Chapter 23–20.3 ‘‘Hazardous 

Waste’’: Sections 23–20.3–05(1), (2), (4), (7), 

and (9). Copies of the North Dakota statutes 

that are incorporated by reference are 

available from the Matthew Bender & 

Company Inc., P.O. Box 7587, Charlottesville, 

VA 22906–7587, phone number: (800) 833–

9844. 

(b) The regulatory provisions include: 

North Dakota Administrative Code (NDAC), 

Article 33–24, Hazardous Waste 

Management, as amended through December 

1, 2003. 


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Please note the following: 

For a few regulations, the authorized 

regulation is an earlier version of the North 

Dakota State regulation. For these 

regulations, EPA authorized the version of 

the regulations that appear in the North 

Dakota Administrative Code dated July 1, 

1997. North Dakota made later changes to 

these regulations, but these changes have not 

been authorized by EPA. The regulations 

where the authorized regulation is an earlier 

version of the regulation are noted below by 

inclusion in parentheses of July 1, 1997 after 

the regulatory citations. 

Chapter 33–24–01—General Provisions: 

Sections 33–24–01–01 through 33–24–01–14. 

Chapter 33–24–02—Identification and 

Listing of Hazardous Waste; 33–24–02–01; 

33–24–02–02; 33–24–02–03 except .1.b(3) 

and (6); 33–24–02–04 through 33–24–02–06; 

33–24–02–07; 33–24–02–08 through 33–24–

02–19; 33–24–02–22; and Appendices I 

through V. 

Chapter 33–24–03—Standards for 

Generators: Sections 33–24–03–01; 33–24–

03–02; 33–24–03–03.1 and .2; 33–24–03–

03.3, (except the phrases ‘‘and a transporter 

permit’’ and ‘‘and applied for a permit’’); 33–

24–03–03.4; 33–24–03–04 through 33–24–

03–12; 33–24–03–13, (except the phrase 

‘‘March first of each even-numbered year’’ in 

.2); 33–24–03–14 through 33–24–03–24; 33–

24–03–30; 33–24–03–40; and Appendix I. 

Chapter 33–24–04—Standards for 

Transporters: Sections 33–24–04–01, (except 

.4); 33–24–04–02.1, (except the phrase ‘‘, a 

transporter permit, and a registration 

certificate’’); 33–24–04–02.2, (except the 

phrases ‘‘and a registration certificate, or a 

transporter permit,’’ and ‘‘and issue a 

registration certificate’’); and 33–24–04–03 

through 33–24–04–08. 

Chapter 33–24–05—Standards for 

Treatment, Storage, and Disposal Facilities 

and for the Management of Specific 

Hazardous Wastes and Specific Types of 

Hazardous Waste Management Facilities: 

Sections 33–24–05–01; 33–24–05–02, (except 

the second sentence); 33–24–05–03 through 

33–24–05–10; 33–24–05–15 through 33–24–

05–20; 33–24–05–26 through 33–24–05–31; 

33–24–05–37 through 33–24–05–44; 33–24–

05–47 through 33–24–05–50; 33–24–05–51, 

(except Table 1); 33–24–05–51, Table 1 (July 

1, 1997); 33–24–05–52 through 33–24–05–55; 

33–24–05–56, (except .11); 33–24–05–57 

through 33–24–05–69; 33–24–05–74 through 

33–24–05–81; 33–24–05–89 through 33–24–

05–93; 33–24–05–94, (except .4.b); 33–24–

05–95 through 33–24–05–98; 33–24–05–103 

through 33–24–05–115; 33–24–05–118 

through 33–24–05–128; 33–24–05–130 

through 33–24–05–138; 33–24–05–144 

through 33–24–05–151; 33–24–05–160 

through 33–24–05–170; 33–24–05–176 

through 33–24–05–188; 33–24–05–201 

through 33–24–05–204; 33–24–05–230; 33–

24–05–235; 33–24–05–250 through 33–24–

05–252; 33–24–05–253, (except .3); 33–24–

05–256, (except .1.b(2)); 33–24–05–258, 

(except .4.b(2)); 33–24–05–265; 33–24–05–

270 through 33–24–05–279; 33–24–05–280, 

(except .9); 33–24–05–281; 33–24–05–282, 

(except .2); 33–24–05–283; 33–24–05–284.8 

through .13; 33–24–05–285; 33–24–05–286; 

33–24–05–288 through 33–24–05–290; 33–

24–05–300 through 33–24–05–303; 33–24–

05–400, (except .4); 33–24–05–401 through 

33–24–05–406; 33–24–05–420 through 33–

24–05–435; 33–24–05–450 through 33–24–

05–460; 33–24–05–475 through 33–24–05–

477; 33–24–05–501 through 33–24–05–506; 

33–24–05–525 through 33–24–05–537; 33–

24–05–550 through 33–24–05–553; 33–24–

05–554, (except .1.b); 33–24–05–555; 33–24–

05–600; 33–24–05–610 through 33–24–05–

612; 33–24–05–620 through 33–24–05–624; 

33–24–05–630 through 33–24–05–632; 33–

24–05–640 through 33–24–05–647; 33–24–

05–650 through 33–24–05–667; 33–24–05–

670 through 33–24–05–675; 33–24–05–680; 

33–24–05–681; 33–24–05–701 through 33–

24–05–705; 33–24–05–708 through 33–24–

05–720; 33–24–05–730 through 33–24–05–

740; 33–24–05–750 through 33–24–05–756; 

33–24–05–760 through 33–24–05–762; 33–

24–05–770; 33–24–05–780; 33–24–05–781; 

33–24–05–800 through 33–24–05–802; 33–

24–05–820 through 33–24–05–826; 33–24–

05–850; 33–24–05–855 through 33–24–05–

857; 33–24–05–860; 33–24–05–865; 33–24–

05–866; 33–24–05–870; 33–24–05–875; 33–

24–05–880; 33–24–05–885; 33–24–05–890; 

33–24–05–895 through 33–24–05–900; 33–

24–05–905; 33–24–05–910; 33–24–05–915; 

33–24–05–916; and Appendices I through 

VIII, X through XIII, XVI through XXIV; and 

XXVI through XXIX. 

Chapter 33–24–06—Permits: Sections 33–

24–06–01, (except .2.a); 33–24–06–01.2.a 

(July 1, 1997); 33–24–06–02 through 33–24–

06–04; 33–24–06–05.1.c; 33–24–06–06, 

(except .2 and .3); 33–24–06–07; 33–24–06–

08; 33–24–06–10 through 33–24–06–13; 33–

24–06–14, (except .3.a(4)); 33–24–06–14, 

Appendix I; 33–24–06–15 introductory 

paragraph through .1.a; 33–24–06–16.5 

through .7; 33–24–06–17, (except .2.k and 

.2.z); 33–24–06–18 through 33–24–06–20; 

33–24–06–30 through 33–24–06–35; and 33–

24–06–100. 

Chapter 33–24–07—Permitting Procedures: 

Sections 33–24–07–01; 33–24–07–02; and 

33–24–07–03, (except .4). 

Copies of the North Dakota regulations that 

are incorporated by reference are available 

from North Dakota Legislative Counsel, 

Second Floor, State Capitol, 600 E Boulevard, 

Bismarck, ND 58505, phone number: (701) 

328–2916. 

* * * * * 

[FR Doc. E8–2160 Filed 2–13–08; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 20 

[PS Docket No. 07–114; CC Docket No. 94–

102; WC Docket No. 05–196; FCC 07–166] 

Wireless E911 Location Accuracy 

Requirements 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) amends its rules in order 

to require wireless Enhanced 911 (E911) 

Phase II location accuracy and 

reliability standards at a geographical 

level defined by the coverage area of a 

Public Safety Answering Point (PSAP). 

The Commission takes this step in order 

to ensure an appropriate and consistent 

compliance methodology with respect 

to location accuracy standards. 

DATES: The rules in 47 CFR 20.18(h) 

contain information collection 

requirements that have not been 

approved by the Office of Management 

and Budget (OMB). The Federal 

Communications Commission will 

publish a document in the Federal 

Register announcing the effective date. 

FOR FURTHER INFORMATION CONTACT: 

Carol Simpson, Policy Division, Public 

Safety and Homeland Security Bureau, 

(202) 418–2391. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order (Order) in PS Docket No. 07–

114, CC Docket No. 94–102, WC Docket 

No. 05–196, FCC 07–166, adopted 

September 11, 2007, and released 

November 20, 2007. The complete text 

of this document is available for 

inspection and copying during normal 

business hours in the FCC Reference 

Information Center, Room CY–A257, 

445 12th Street, SW., Washington, DC 

20554. This document may also be 

obtained from the Commission’s 

duplicating contractor, Best Copy and 

Printing, Inc., in person at 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, via telephone at 

(202) 488–5300, via facsimile at (202) 

488–5563, or via e-mail at 

FCC@BCPIWEB.COM. Alternative 

formats (computer diskette, large print, 

audio cassette, and Braille) are available 

to persons with disabilities by sending 

an e-mail to FCC504@fcc.gov or calling 

the Consumer and Governmental Affairs 

Bureau at (202) 418–0530, TTY (202) 

418–0432. This document is also 

available on the Commission’s Web site 

at http://www.fcc.gov. 

1. On June 1, 2007, we released a 

Notice of Proposed Rulemaking (NPRM) 

seeking comment on how to improve 

911 location accuracy and reliability. 

We found that although measuring 

location accuracy at the PSAP level may 

present challenges, the public interest 

demands that carriers and technology 

providers strive to ensure that when 

wireless callers dial 911, emergency 

responders are provided location 

information that enables them to reach 

the site of the emergency as quickly as 

possible. In recognition of the fact that 


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