Federal Register / Vol. 78, No. 214 / Tuesday, November 5, 2013 / Proposed Rules 66325 

EPA treats as reservations, trust lands 

validly set aside for the use of a Tribe 

even if the trust lands have not been 

formally designated as a reservation. 

Consistent with previous federal 

program approvals or delegations, EPA 

will continue to implement the RM 

Program in Indian country because 

NDDA has not demonstrated authority 

over sources and activities located 

within the exterior boundaries of Indian 

reservations and other areas in Indian 

country. 

IV. Proposed Action 

EPA proposes approving NDDA’s 

request for partial delegation of 

authority to implement and enforce 

(with the exception of criminal 

enforcement) the RM Program for 

agricultural anhydrous ammonia 

facilities. NDDA has incorporated by 

reference Federal requirements set forth 

in 40 CFR part 68 in NDAC 7–12–03 and 

regulates agricultural anhydrous 

ammonia facilities through this 

authority as well as its authority in 

NDCC 19–20.2 and 19–20.3. This partial 

delegation will extend to agricultural 

anhydrous ammonia facilities which are 

sources subject to the accidental release 

prevention regulations in 40 CFR part 

68, with the exception of sources in 

Indian country. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Regional 

Administrator is authorized to approve 

program delegation when that program 

complies with the provisions of the 

Clean Air Act and applicable federal 

regulations (42 U.S.C. 7410(k), 40 CFR 

52.02(a)). Thus, in reviewing delegation 

requests, EPA’s role is to review and 

approve state programs provided that 

they meet the criteria of the CAA. 

Accordingly, this proposed action 

merely approves a state program and 

does not impose additional 

requirements beyond those imposed by 

state law. For that reason, this proposed 

action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• 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); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and, 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the State 

program is not approved to regulate in 

Indian country located in North Dakota, 

and EPA notes that it will not impose 

substantial direct costs on Tribal 

governments or preempt Tribal law. 

List of Subjects in 40 CFR Part 63 

Environmental protection, Risk 

management program, Air pollution 

control, Hazardous substances, 

Chemicals, Intergovernmental relations. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: October 22, 2013. 

Shaun L. McGrath, 

Regional Administrator, U.S. EPA Region 8. 

[FR Doc. 2013–26356 Filed 11–4–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2005–0011; FRL–9902– 

28-Region 4] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Deletion 

of the Geiger (C&M Oil) Superfund Site 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; notice of intent. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 4 is issuing a 

Notice of Intent to Delete the Geiger 

(C&M Oil) Superfund Site (Site) located 

in Hollywood, Charleston County, 

South Carolina, from the National 

Priorities List (NPL) and requests public 

comments on this proposed action. The 

NPL, promulgated pursuant to section 

105 of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(CERCLA) of 1980, as amended, is an 

appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). The EPA and 

the State of South Carolina, through the 

South Carolina Department of Health 

and Environmental Control, have 

determined that all appropriate 

response actions under CERCLA, other 

than operation, maintenance, and fiveyear reviews (include if applicable), 

have been completed. However, this 

deletion does not preclude future 

actions under Superfund. 

DATES: Comments must be received by 

December 5, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID no. EPA–HQ– 

SFUND–2005–0011, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

on-line instructions for submitting 

comments. 

• Email: Joyner.William@EPA.gov and 

or Miller.Angela@EPA.gov. 

• Fax: (404) 562–8788. 

• Mail: William Joyner, Remedial 

Project Manager, Superfund Remedial 

Section A, Superfund Remedial Branch 

Superfund Division, U.S. Environmental 

Protection Agency, Region 4, Atlanta 

Federal Center, 61 Forsyth Street SW., 

Atlanta, GA 30303–8960. 

• Hand delivery: U.S. Environmental 

Protection Agency, Region 4, 61 Forsyth 

Street SW., Atlanta, Georgia 30303– 

8960. Such deliveries are only accepted 

during the Docket’s normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID no. EPA–HQ–SFUND–2005– 

0011. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made 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 

http://www.regulations.gov Web site is 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
66326 Federal Register / Vol. 78, No. 214 / Tuesday, November 5, 2013 / Proposed Rules 

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 email comment directly 

to 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, 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. 

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 statue. Certain other 

material, such as copyrighted material, 

will be publicly available only in the 

hard copy. Publicly available docket 

materials are available either 

electronically at http://

www.regulations.gov or in hard copy at: 

Regional Site Information Repository, 

U.S. EPA Record Center, Attn: Ms. Anita 

Davis, Atlanta Federal Center, 61 

Forsyth Street SW., Atlanta, Georgia 

30303–8960. 

Hours of Operation (by appointment 

only): 8:30 a.m. to 4:00 p.m., Monday 

through Friday. St. Paul’s Parish 

Library, 5151 Town Council Drive, 

Hollywood, SC 29449. 

Hours of Operation: Monday, Tuesday 

and Wednesday from 10:00 a.m. to 6:00 

p.m.; Thursday from 12:00 p.m. to 8:00 

p.m.; and Saturday from 10:00 a.m. to 

2:00 p.m. 

FOR FURTHER INFORMATION CONTACT: 

William Joyner, Remedial Project 

Manager, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street 

SW., Atlanta, GA 30303–8960, (404) 

562–8795, email: Joyner.William@

EPA.gov. 

SUPPLEMENTARY INFORMATION: In the 

‘‘Rules and Regulations’’ Section of 

today’s Federal Register, we are 

publishing a direct final Notice of 

Deletion of the Geiger (C&M Oil) 

Superfund Site without prior Notice of 

Intent to Delete because we view this as 

a noncontroversial revision and 

anticipate no adverse comment. We 

have explained our reasons for this 

deletion in the preamble to the direct 

final Notice of Deletion, and those 

reasons are incorporated herein. If we 

receive no adverse comment(s) on this 

deletion action, we will not take further 

action on this Notice of Intent to Delete. 

If we receive adverse comment(s), we 

will withdraw the direct final Notice of 

Deletion, and it will not take effect. We 

will, as appropriate, address all public 

comments in a subsequent final Notice 

of Deletion based on this Notice of 

Intent to Delete. We will not institute a 

second comment period on this Notice 

of Intent to Delete. Any parties 

interested in commenting must do so at 

this time. 

For additional information, see the 

direct final Notice of Deletion which is 

located in the Rules section of this 

Federal Register. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

waste, Hazardous substances, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 

1991 Comp., p. 351; E.O. 12580, 52 FR 2923; 

3 CFR, 1987 Comp., p. 193. 

Dated: September 23, 2013. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2013–26513 Filed 11–4–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Parts 173, 174, 178, 179, and 

180 

[Docket No. PHMSA–2012–0082 (HM–251)] 

RIN 2137–AE91 

Hazardous Materials: Rail Petitions 

and Recommendations To Improve the 

Safety of Railroad Tank Car 

Transportation (RRR) 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Advance Notice of Proposed 

Rulemaking (ANPRM), extension of 

comment period. 

SUMMARY: PHMSA is notifying the 

public of our intent to extend the 

comment period by 30 days for a notice 

of proposed rulemaking published on 

September 6, 2013. 

DATES: The comment period for the 

ANPRM closing on November 5, 2013 is 

extended until December 5, 2013. To the 

extent possible, PHMSA will consider 

late-filed comments during the next 

stage of the rulemaking process. 

ADDRESSES: You may submit comments 

identified by the docket number 

(PHMSA–2012–0082) by any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Fax: 1–202–493–2251. 

• Mail: Docket Operations, U.S. 

Department of Transportation, West 

Building, Ground Floor, Room W12– 

140, Routing Symbol M–30, 1200 New 

Jersey Avenue SE., Washington, DC 

20590. 

• Hand Delivery: To Docket 

Operations, Room W12–140 on the 

ground floor of the West Building, 1200 

New Jersey Avenue SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

Holidays. 

Instructions: All submissions must 

include the agency name and docket 

number for this notice at the beginning 

of the comment. Note that all comments 

received will be posted without change 

to the docket management system, 

including any personal information 

provided. 

Docket: For access to the dockets to 

read background documents or 

comments received, go to http://

www.regulations.gov, or DOT’s Docket 

Operations Office (see ADDRESSES). 

FOR FURTHER INFORMATION CONTACT: Karl 

Alexy, (202) 493–6245, Office of Safety 

Assurance and Compliance, Federal 

Railroad Administration or Ben Supko, 

(202) 366–8553, Standards and 

Rulemaking Division, Pipeline and 

Hazardous Materials Safety 

Administration, US Department of 

Transportation, 1200 New Jersey Ave. 

SE., Washington, DC 20590–0001. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On September 6, 2013, PHMSA 

published a notice of proposed 

rulemaking (ANPRM; 78 FR 54849) 

seeking public comments on whether 

issues raised in eight petitions and four 

NTSB recommendations would enhance 

safety, revise, and clarify the Hazardous 

Materials Regulations (HMR; 49 CFR 

parts 171–180) with regard to rail 

transport. Specifically, we requested 

comments on important amendments 

that would: (1) Enhance the standards 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS