
[Federal Register Volume 83, Number 243 (Wednesday, December 19, 2018)]
[Proposed Rules]
[Pages 65117-65118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27421]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 281

[EPA-R08-UST-2018-0728; FRL-9986-99--Region 8]


North Dakota: Authorization of State Underground Storage Tank 
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Pursuant to the Resource Conservation and Recovery Act (RCRA 
or Act), the Environmental Protection Agency (EPA) is proposing to 
approve revisions to the State of North Dakota's Underground Storage 
Tank (UST) program submitted by the State. This action is based on the 
EPA's determination that the State's revisions satisfy all requirements 
for UST program approval. The State's federally-authorized UST program, 
as revised pursuant to this action, will remain subject to the EPA's 
inspection and enforcement authorities under sections 9005 and 9006 of 
RCRA subtitle I and other applicable statutory and regulatory 
provisions. All revisions to the State of North Dakota's UST program 
would be federally approved as of the effective date of this action.

DATES: Send written comments by January 18, 2019.

ADDRESSES: Submit your comments by one of the following methods:
    1. Federal eRulemaking Portal: http://www/regulations.gov. Follow 
the online instructions for submitting comments.
    2. Email: bents.benjamin@epa.gov.
    3. Mail: Benjamin Bents, Project Officer, UST, Solid Waste and PCB 
Unit, Resource Conservation and Recovery Program, Office of 
Partnerships and Regulatory Assistance (8P-R), EPA Region 8, 1595 
Wynkoop Street, Denver, Colorado 80202-1129.
    4. Hand delivery or courier: Deliver your comments to Benjamin 
Bents, Region 8, Project Officer, UST, Solid Waste and PCB Unit, 
Resource Conservation and Recovery Program, Office of Partnerships and 
Regulatory Assistance (8P-R), EPA Region 8, 1595 Wynkoop Street, 
Denver, Colorado 80202-1129.
    Instructions: Direct your comments to Docket ID No. EPA-R08-UST-
2018-0728. The EPA's policy us that all comments received will be 
included in the public docket without change and may be available 
online at http://www.regulations.gov, 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 email. The federal http://www.regulations.gov 
website is an ``anonymous access'' system, which means the EPA will not 
know your identity or contact information unless you provide it in the 
body of your comment. If you send an email comment directly to the EPA 
without going through http://www.regulations.gov, your email 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, the 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 the EPA cannot read your comment 
due to technical difficulties, and cannot contact you for 
clarification, the EPA may not be able to consider your comment. 
Electronic files should avoid the use of special characters, any form 
of encryption, and be free of any defects or viruses.
    You can view and copy the documents that form the basis for this 
action and associated publicly available materials from 8:30 a.m. to 
4:00 p.m., Monday through Friday at the following location: EPA Region 
8, 1595 Wynkoop Street, Denver, Colorado 80202-1129, phone number (303) 
312-6435. Interested persons wanting to examine these documents should 
make an appointment with the office at least 2 days in advance.

FOR FURTHER INFORMATION CONTACT: Benjamin Bents, Project Officer, UST, 
Solid Waste and PCB Unit, Resource Conservation and Recovery Program, 
Office of Partnerships and Regulatory Assistance (8P-R), EPA Region 8, 
1595 Wynkoop Street, Denver, Colorado 80202-1129, phone number (303) 
312-6435, email address: Bents.Benjamin@epa.gov.

SUPPLEMENTARY INFORMATION: The State of North Dakota adopted state 
Senate Bill No. 2327 (S.L. 2017, ch. 199, Sec.  75) which separated the 
Environmental Health Section from the North Dakota Department of Health 
(NDDOH) to create a stand-alone North Dakota Department of 
Environmental Quality (NDDEQ). Per S.L. 2017, ch. 199, Section 75, the 
transfer of authority, power, and duties related to environmental 
quality from NDDOH to NDDEQ will become effective upon the North Dakota 
Legislative Council's receipt of the certification by the Chief of the 
Environmental Health Section of the State Department of Health 
attesting that all necessary federal approvals have been obtained and 
all necessary federal and other agreements have been amended to ensure 
the State will continue to meet the authorization requirements it 
currently satisfies after the transfer of authority, powers, and duties 
from the NDDOH to the NDDEQ. This rule constitutes the EPA approval of 
the transfer of all duties and responsibilities of the State relating 
to the existing federal UST program in North Dakota from the NDDOH to 
the NDDEQ.
    The State plans to rely on the date when the EPA signs the final 
rule for purposes of notifying the state legislature that the EPA has 
approved these revisions, which will provide for the transfer of 
authority to implement the federal UST program from the NDDOH to NDDEQ 
to be effective under state law. The EPA understands that the State 
intends to take the necessary

[[Page 65118]]

additional steps as specified in S.L. 2017, ch. 199, Section 75, to 
ensure that NDDEQ comes into existence and that the NDDEQ rules are 
effective as a matter of state law prior to the effective date of the 
EPA's approval of these revisions. Unless and until the NDDEQ rules and 
agency become fully effective under federal law, for purposes of 
federal law the EPA recognizes the State's program as currently 
approved. For additional information, see the direct final rule 
published in the ``Rules and Regulations'' section of this issue of the 
Federal Register.

    Authority: This rule is issued under the authority of Sections 
2002(a), 7004(b), and 9004 of the Solid Waste Disposal Act, as 
amended, 42 U.S.C. 6912(a), 6991c, 6991d, and 6991e.

List of Subjects in 40 CFR Part 281

    Environmental protection, Administrative practice and procedure, 
Hazardous substances, State program approval, and Underground storage 
tanks.

    Dated: December 13, 2018.
Douglas Benevento,
Regional Administrator, Region 8.
[FR Doc. 2018-27421 Filed 12-18-18; 8:45 am]
 BILLING CODE 6560-50-P


