94-8357. North Dakota; Final Authorization of State Hazardous Waste Management Program  

  • [Federal Register Volume 59, Number 67 (Thursday, April 7, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-8357]
    
    
    [[Page Unknown]]
    
    [Federal Register: April 7, 1994]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Part 271
    
    [FRL-4860-2]
    
     
    
    North Dakota; Final Authorization of State Hazardous Waste 
    Management Program
    
    AGENCY: Environmental Protection Agency.
    
    Action: Immediate final rule.
    
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    SUMMARY: The State of North Dakota has applied for final authorization 
    of revisions to its hazardous waste program under the Resource 
    Conservation and Recovery Act (RCRA). The Environmental Protection 
    Agency (EPA) has reviewed North Dakota's application and has made a 
    decision, subject to public review and comment, that North Dakota's 
    hazardous waste program revision satisfies all of the requirements 
    necessary to qualify for final authorization. Thus, EPA intends to 
    approve North Dakota's hazardous waste program revisions. North 
    Dakota's application for program revision is available for public 
    review and comment.
    
    DATES: Final authorization for North Dakota shall be effective on June 
    6, 1994 unless EPA publishes a prior Federal Register action 
    withdrawing this immediate final rule. All comments on North Dakota's 
    program revision application must be received by the close of business 
    by May 9, 1994.
    
    ADDRESSES: Copies of North Dakota's program revision application are 
    available during regular business hours at the following addresses for 
    inspection and copying: Division of Waste Management, Department of 
    Health and Consolidated Laboratories, 1200 Missouri Avenue, Bismarck, 
    North Dakota 58502-5520 and US EPA Region VIII Library, 999 18th 
    Street, suite 144, Denver, Colorado 80204-2466. Written comments should 
    be sent to: Marcella DeVargas (HWM-WM), U.S. Environmental Protection 
    Agency, 999 18th Street, suite 500, Denver, Colorado 80202-2466, Phone 
    303/293-1670.
    
    FOR FURTHER INFORMATION CONTACT: Marcella DeVargas, Waste Management 
    Branch, U.S. EPA, 999 18th Street, suite 500, Denver, Colorado 80202-
    2466, Phone: 303/293-1670.
    
    SUPPLEMENTARY INFORMATION:
    
    A. Background
    
        States with final authorization under section 3006(b) of the 
    Resource Conservation and Recovery Act (``RCRA'' or the ``the Act''), 
    42 U.S.C. 6929 (b), have a continuing obligation to maintain a 
    hazardous waste program that is equivalent to, consistent with, and no 
    less stringent than the Federal hazardous waste program.
        Revisions to State hazardous waste programs are necessary when 
    Federal or State statutory or regulatory authority is modified or when 
    certain other changes occur. Most commonly, State program revisions are 
    necessitated by changes to EPA's regulations in 40 CFR parts 124, 260-
    268 and 270. Modification to the Federal program, due to statutory and 
    regulatory changes, requires subsequent modifications to the State 
    authorized program. Until the State is authorized for such 
    modifications, EPA is responsible for implementing and enforcing the 
    modification in the State. Further, if the State law which forms the 
    basis of the federally authorized State program is amended, the State 
    must promptly seek revision authorization for those provisions. Until 
    the amendments to State law are authorized by EPA, the regulated 
    community must ensure compliance with both the federally authorized 
    State program and the non-authorized Federal program. The regulated 
    community may also need to comply with current State laws in the 
    situation where State law has been amended after Federal authorization 
    has been granted.
    
    B. North Dakota
    
        North Dakota initially received final authorization in October 
    1984. North Dakota received authorization for revisions to its program 
    on August 24, 1990. On February 23, 1994, North Dakota submitted a 
    final program revision application for additional program approvals. 
    Today, North Dakota is seeking approval of its program revision in 
    accordance with 40 CFR 271.21(b)(3).
        In the previous revision authorization published on August 24, 
    1990, EPA included authorization of the direct action against insurers, 
    HSWA section 3004(t) provision to North Dakota. It was later determined 
    this provision is not delegable. Therefore, EPA is clarifying with this 
    notice that the direct action against insurers to North Dakota is 
    withdrawn. The Federal cause of action provided by RCRA 3004(t) remains 
    in effect in authorized states. The State law equivalent to 3004(t) 
    operates separately from the Federal law and, in this situation, the 
    North Dakota law which provides for a direct cause of action against 
    insurers operates as an additional authority to the Federal authority.
        EPA has reviewed North Dakota's application, and has made an 
    immediate final decision that North Dakota's hazardous waste program 
    revision satisfies all of the requirements necessary to qualify for 
    final authorization. Consequently, EPA intends to grant final 
    authorization for the additional program modifications to North Dakota. 
    The public may submit written comments on EPA's immediate final 
    decision up until May 9, 1994. Copies of North Dakota's application for 
    program revision are available for inspection and copying at the 
    locations indicated in the Addresses section of this notice.
        Approval of North Dakota's program revision shall become effective 
    in 60 days unless an adverse comment pertaining to the State's revision 
    discussed in this notice is received by the end of the comment period. 
    If an adverse comment is received EPA will publish either: (1) A 
    withdrawal of the immediate final decision; or (2) a notice containing 
    a response to comments which either affirms that the immediate final 
    decision takes effect or reverses the decision.
        EPA's comments on the draft application were addressed in the final 
    application. Thus, the North Dakota program is only granted final 
    authorization for those provisions specifically listed in Table 1.
        North Dakota has not requested authorization to operate its 
    hazardous waste program, as revised, in ``Indian Country'' as defined 
    in 18 U.S.C. 1151. Accordingly, EPA's decision to grant North Dakota 
    final hazardous waste authorization, as revised, does not extend to 
    ``Indian Country''. The Environmental Protection Agency retains all 
    hazardous waste authority under RCRA which applies to Indian Country in 
    North Dakota.
        Today, North Dakota is seeking approval of its program revision in 
    accordance with 40 CFR 271.21(b)(3). Specific provisions which are 
    included in the North Dakota program authorization revision sought 
    today are listed in Table 1 below. 
    
                                                        Table 1                                                     
    ----------------------------------------------------------------------------------------------------------------
                      HSWA or FR reference                                     State equivalent\1\                  
    ----------------------------------------------------------------------------------------------------------------
    1. Availability of Information, 3006(f), 11/8/84.......  33-24-02-16, NDCC 28-32-21.1, MOA.                     
    2. Burning of Waste Rule and Used Oil Fuel in Boilers    33-24-02-03, 33-24-02-05, 33-24-02-06, 33-24-05-144, 33-
     and Industrial Furnaces, 50 FR 49164, 11/29/85,          24-05-210, 33-24-05-211, 33-24-05-212, 33-24-05-213,  
     amended on 4/13/87, 52 FR 1/18/19.                       33-24-05-214, 33-24-05-215, 33-24-05-220, 33-24-05-   
                                                              221, 33-24-05-222, 33-24-05-223, 33-24-05-224.        
    3. HSWA Codification Rule 2, 52 FR 45788, 12/1/87......  33-24-06-17, 33-24-05-57, 33-24-05-58, 33-25-01-06, 33-
                                                              25-01-11, 33-24-06-16, 33-24-06-18, 33-24-06-01.      
    4. Hazardous Waste Miscellaneous Units, 52 FR 46946, 12/ 33-24-01-04, 33-24-05-01, 33-24-05-06, 33-24-05-09, 33-
     10/87.                                                   24-05-40, 33-24-05-47, 33-24-05-60, 33-24-05-61, 33-24-
                                                              05-63, 33-24-05-66, 33-24-05-67, 33-24-05-76, 33-24-05-
                                                              79, 33-24-05-300, 33-24-05-301, 33-24-05-302, 33-24-05-
                                                              303, 33-24-06-17.                                     
    5. Technical Corrections; Identification and Listing of  33-24302-18, 33-24-02.                                 
     Hazardous Waste, 53 FR 13382, 4/22/88.                                                                         
    6. Identification and Listing of Hazardous Waste;        33-24-02-05.                                           
     Technical Corrections, 53 FR 27162, 7/19/88.                                                                   
    7. Farmer Exemptions; Technical Corrections, 53 FR       33-24-03-01, 33-24-05-01, 33-24-06-16, 33-24-05-250, 33-
     27164, 7/19/88.                                          24-06-01.                                             
    8. Identification and Listing of Hazardous Waste;        3-24-01-04.                                            
     Treatability Studies Sample Exemption, 53 FR 27290, 7/                                                         
     19/88.                                                                                                         
    9. Land Disposal Restrictions for First Third Scheduled  33-24-05-04, 33-24-05-40, 33-24-06-16, 33-24-05-201, 33-
     Wastes, 53 FR 31138, 8/17/89; Amended 2/27/89, 54 FR     24-05-250, 33-24-05-253, 33-24-05-254, 33-24-05-255,  
     8264.                                                    33-24-05-256, 33-24-05-257, 33-24-05-270, 33-24-05-   
                                                              271, 33-24-05-272, 33-24-05-273, 33-24-05-280, 33-24- 
                                                              05-281, 33-24-05-282, 33-24-05-283, 33-24-05-284, 33- 
                                                              24-05-290.                                            
    10. Hazardous Waste Management System; Standards for     33-24-01-04, 33-24-05-63, 33-24-05-103, 33-24-05-106,  
     Hazardous Waste Storage and Treatment Tank Systems, 53   33-24-06-16, 33-24-01-04.                             
     FR 34079, 9/2/88.                                                                                              
    11. Identification and Listing of Hazardous Waste; and   33-24-02-04, 33-24-02-17, 33-24-02 Appendix IV.        
     Designation, Reportable Quantities, and Notification,                                                          
     53 FR 35412, 9/13/88.                                                                                          
    12. Statistical Methods for Evaluating Ground-Water      33-24-05-48, 33-24-05-49, 33-24-05-54, 33-24-05-55, 33-
     Monitoring Data from Hazardous Waste Facilities, 53 FR   24-05-56.                                             
     39720, 10/11/88.                                                                                               
    13. Hazardous Waste Miscellaneous Units; Standards       33-24-06-17                                            
     Applicable to Owners and Operators, 54 FR 615, 1/9/89.                                                         
    14. Amendment to Requirements for Hazardous Waste        33-24-06-19.                                           
     Incinerator Permits, 54 FR 4286, 1/30/89.                                                                      
    15. Land Disposal Restrictions for Second Third          33-24-05-274, 33-24-05-281, 33-24-05-282, 33-24-05-283.
     Scheduled Wastes, 54 FR 26594, 6/23/89.                                                                        
    16. Mining Waste Exclusion 1, 54 FR 36592, 9/1/89......  33-24-02-03, 33-24-02-04.                              
    17. Testing and Monitoring Activities, 54 FR 40260, 9/   33-24-01-05, 33-24-02 Appendix III.                    
     29/89.                                                                                                         
    18. Reportable Quantity Adjustment Methyl Bromide        33-24-02-17, 33-24-02 Appendices III and IV.           
     Production Wastes, 54 FR 41402, 10/6/89.                                                                       
    19. Reportable Quantity Adjustment, 54 FR 50968, 12/11/  33-24-02-16, 33-24-02 Appendices IV and V.             
     89.                                                                                                            
    20. Changes to Part 124, 48 FR 14146, 1/1/83; 48 FR      33-24-07-02, 33-24-07-03, 33-24-07-04, 33-24-07-06, 33-
     30113, 6/30/83; 53 FR 28118, 7/26/88; 53 FR 37396, 9/    24-07-08.                                             
     26/88; 54 FR 246, 1/4/89.                                                                                      
    21. Mining Waste Exclusion II, 55 FR 2322, 1/23/90.....  33-24-01-04, 33-24-03-07.                              
    22. Testing and Monitoring Activities; Technical         33-24-01-05, 33-24-02 Appendix III--Tables 2 and 3.    
     Corrections, 55 FR 8948, 3/9/90.                                                                               
    23. Toxicity Characteristic Revisions, 55 FR 11798, 3/   33-24-02-04, 33-24-02-14, 33-24-02-15, 33-24-02        
     29/90, Amended 6/29/90 at 55 FR 26986.                   Appendix II, 33-24-05-177, 33-24-06-16.               
    24. Criteria for Listing Toxic Wastes; Technical         33-24-02-09.                                           
     Amendment, 55 FR 18726, 5/4/90.                                                                                
    25. HSWA Codification Rule, Double Liners; Correction,   33-24-05-116, 33-24-05-177.                            
     55 FR 19262, 5/9/90.                                                                                           
    26. Organic Air Emission Standards for Process Vents     33-24-01-05, 33-24-02-06, 33-24-05-04, 33-24-05-06, 33-
     and Equipment Leaks, 55 FR 25454, 6/21/90.               24-05-40, 33-24-05-44, 33-24-05-400, 33-24-05-401, 33-
                                                              24-05-402, 33-24-05-403, 33-24-05-404, 33-24-05-405,  
                                                              33-24-05-406, 33-24-02-407 to 419, 33-24-05-420, 33-24-
                                                              05-421, 33-24-05-422, 33-24-05-423, 33-24-05-424, 33- 
                                                              24-05-425, 33-24-05-426, 33-24-05-427, 33-24-05-428,  
                                                              33-24-05-429, 33-24-05-430, 33-24-05-431, 33-24-05-   
                                                              432, 33-24-05-433, 33-24-05-434, 33-24-05-435, 33-24- 
                                                              05-436 to 474, 33-24-06-16, 33-24-05-17.              
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    \1\References are to North Dakota Century Code, Hazardous Waste Management, Section 6 North Dakota Constitution,
      NDAC Practice and Procedure.                                                                                  
    
    C. Decision
    
        I conclude that North Dakota's application for program revision 
    meets all of the statutory and regulatory requirements established by 
    RCRA. Accordingly, North Dakota is granted final authorization to 
    operate its hazardous waste program as revised.
        North Dakota now has responsibility for permitting treatment, 
    storage, and disposal facilities within its borders and carrying out 
    other aspects of the RCRA program, subject to the limitation of its 
    revised program application and previously approved authorities. North 
    Dakota also has primary enforcement responsibilities, although EPA 
    retains the right to conduct inspections under section 3007 of RCRA and 
    to take enforcement actions under sections 3008, 3013, and 7003 of 
    RCRA. The State of North Dakota will submit a draft application for 
    Non-HSWA cluster 6 and HSWA cluster 2 by June 30, 1994.
    
    Compliance With Executive Order 12866
    
        The Office of Management and Budget has exempted this rule from the 
    requirements of section 6 of Executive Order 12866.
    
    Certification Under the Regulatory Flexibility Act
    
        Pursuant to the provisions of 4 U.S.C. 605(b), I hereby certify 
    that this authorization will not have a significant economic impact on 
    a substantial number of small entities. This authorization effectively 
    suspends the applicability of certain Federal regulations in favor of 
    North Dakota's program, thereby eliminating duplicative requirements 
    for handlers of hazardous waste in the State. It does not impose any 
    new burdens on small entities. This rule, therefore, does not require a 
    regulatory flexibility analysis.
    
    List of Subjects in 40 CFR Part 271
    
        Administrative practice and procedure, Confidential business 
    information, Hazardous materials transportation, Hazardous waste Indian 
    lands, Intergovernmental relations, Penalties, Reporting and 
    recordkeeping requirements, Water pollution control, Water supply.
    
        Authority: This notice 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: March 29, 1994.
    William P. Yellowtail,
    Regional Administrator.
    [FR Doc. 94-8357 Filed 4-6-94; 8:45 am]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Effective Date:
6/6/1994
Published:
04/07/1994
Department:
Environmental Protection Agency
Entry Type:
Uncategorized Document
Action:
Immediate final rule.
Document Number:
94-8357
Dates:
Final authorization for North Dakota shall be effective on June 6, 1994 unless EPA publishes a prior Federal Register action withdrawing this immediate final rule. All comments on North Dakota's program revision application must be received by the close of business by May 9, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: April 7, 1994, FRL-4860-2
CFR: (1)
40 CFR 271