Federal Register / Vol. 78, No. 250 / Monday, December 30, 2013 / Rules and Regulations 79317 

as follows: 64.005, Grants to States for 

Construction of State Home Facilities; 

64.007, Blind Rehabilitation Centers; 

64.008, Veterans Domiciliary Care; 

64.009, Veterans Medical Care Benefits; 

64.010, Veterans Nursing Home Care; 

64.011, Veterans Dental Care; 64.012, 

Veterans Prescription Service; 64.013, 

Veterans Prosthetic Appliances; 64.014, 

Veterans State Domiciliary Care; 64.015, 

Veterans State Nursing Home Care; 

64.016, Veterans State Hospital Care; 

64.018, Sharing Specialized Medical 

Resources; 64.019, Veterans 

Rehabilitation Alcohol and Drug 

Dependence; 64.022, Veterans Home 

Based Primary Care; and 64.024, VA 

Homeless Providers Grant and Per Diem 

Program. 

Signing Authority 

The Secretary of Veterans Affairs, or 

designee, approved this document and 

authorized the undersigned to sign and 

submit the document to the Office of the 

Federal Register for publication 

electronically as an official document of 

the Department of Veterans Affairs. Jose 

D. Riojas, Chief of Staff, Department of 

Veterans Affairs, approved this 

document on December 2, 2013, for 

publication. 

List of Subjects in 38 CFR Part 17 

Administrative practice and 

procedure, Alcohol abuse, Alcoholism, 

Claims, Day care, Dental health, Drug 

abuse, Foreign relations, Government 

contracts, Grant programs—health, 

Grant programs—veterans, Health care, 

Health facilities, Health professions, 

Health records, Homeless, Medical and 

dental schools, Medical devices, 

Medical research, Mental health 

programs, Nursing homes, Philippines, 

Reporting and recordkeeping 

requirements, Scholarships and 

fellowships, Travel and transportation 

expenses, Veterans. 

Dated: December 23, 2013. 

Robert C. McFetridge, 

Director, Regulation Policy and Management, 

Office of the General Counsel, Department 

of Veterans Affairs. 

For the reasons set forth in the 

preamble, VA amends 38 CFR part 17 as 

follows: 

PART 17—MEDICAL 

■ 1. The authority citation for part 17 

continues to read as follows: 

Authority: 38 U.S.C. 501(a), and as noted 

in specific sections. 

§ 17.110 [Amended] 

■ 2. Amend § 17.110 as follows: 

■ a. Remove paragraph (b)(1)(i). 

■ b. Redesignate paragraphs (b)(1)(ii) 

through (b)(1)(iv) as (b)(1)(i) through 

(b)(1)(iii), respectively. 

■ c. In redesignated paragraphs (b)(1)(i), 

(ii), and (iii) and in paragraph (b)(2), 

remove ‘‘December 31, 2013’’ each place 

it appears and add, in each place, 

‘‘December 31, 2014’’. 

■ d. In the note following redesignated 

(b)(1)(iii), remove ‘‘(b)(1)(iv)’’ and add, 

in its place, ‘‘(b)(1)(iii)’’. 

[FR Doc. 2013–31102 Filed 12–27–13; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–R08–OAR–2013–0330, FRL–9904–88- 

Region 8] 

Approval of Request for Delegation of 

Authority for Prevention of Accidental 

Release, North Dakota Department of 

Agriculture 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve North Dakota Department of 

Agriculture’s (NDDA’s) request for 

partial delegation of the Risk 

Management Program (RM Program) for 

facilities with an anhydrous ammonia 

storage capacity of ten thousand pounds 

or more that is intended to be used as 

fertilizer or in the manufacturing of a 

fertilizer (‘‘agricultural anhydrous 

ammonia facilities’’) in the state of 

North Dakota. EPA retains authority for 

the RM Program for all other regulated 

chemicals which may be present at 

these facilities and for the RM Program 

generally in North Dakota for all other 

facilities. 

DATES: This final rule is effective 

January 29, 2014. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2013–0330. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Preparedness Program, 

Environmental Protection Agency 

(EPA), Region 8 (8EPR–ER), 1595 

Wynkoop Street, Denver, Colorado 

80202–1129. The EPA requests that if at 

all possible, you contact the individual 

listed in the FOR FURTHER INFORMATION

CONTACT section to view the hard copy 

of the docket. You may view the hard 

copy of the docket Monday through 

Friday, 8:00 a.m. to 4:00 p.m., excluding 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Brent Truskowski, Acting RMP 

Coordinator, Emergency Response and 

Preparedness Program, U.S. 

Environmental Protection Agency 

(EPA), Region 8 (8EPR–ER), 1595 

Wynkoop Street, Denver, Colorado 

80202–1129, (303) 312–6235, 

truskowski.brent@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Definitions 

For the purpose of this document, we 

are giving meaning to certain words or 

initials as follows: 

(i) The words or initials Act or CAA 

mean or refer to the Clean Air Act, 

unless the context indicates otherwise. 

(ii) The word and initials RM Program 

means Risk Management Program 

(iii) The initials NDDA mean North 

Dakota Department of Agriculture 

(iv) The initials RMP mean Risk 

Management Plan 

(v) The initials CFR mean Code of 

Federal Regulations 

(vi) The initials FR mean Federal 

Register 

(vii) The initials NDCC mean North 

Dakota Century Code 

(viii) The initials NDAC mean North 

Dakota Administrative Code 

Table of Contents 

I. Background 

II. Response to Comments 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

On June 20, 1996, the EPA 

promulgated the RM Program 

regulations (40 CFR Part 68) which were 

mandated under the accidental release 

prevention provisions of section 

112(r)(7) of the CAA (61 FR 31668, June 

20, 1996). These regulations require 

owners and operators of stationary 

sources subject to the regulations to 

submit risk management plans (RMPs) 

to a central location specified by the 

EPA. These regulations also encourage 

sources to reduce the probability of 

accidentally releasing substances that 

have the potential to cause harm to 

public health and the environment, and 

stimulate dialogue between industry 


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79318 Federal Register / Vol. 78, No. 250 / Monday, December 30, 2013 / Rules and Regulations 

1EPA notes that under 40 CFR 68.125, ammonia 

used as an agricultural nutrient, when held by 

farmers, is exempt from all provisions of part 68. 

2Accordingly, the NDDA rules do not incorporate 

by reference 40 CFR 68.120. 

and the public to improve accident 

prevention and emergency response 

practices. 

Section 112(l) of the CAA and 40 CFR 

part 63, Subpart E authorize the EPA to 

approve state rules and programs to be 

implemented and enforced in place of 

certain CAA requirements, including 

the RM Program set forth at 40 CFR part 

68. Under 40 CFR 63.95(b), the State’s 

Part 68 program shall contain the 

following elements, consistent with the 

procedures in section 63.91, that an 

approvable State Accidental Release 

Prevention program is regulating: 

• A demonstration of the State’s 

authority and resources to implement 

and enforce regulations that are no less 

stringent than the regulations of 40 CFR 

Part 68, Subparts A through G and 

section CFR 68.200; 

• A requirement that any source 

subject to the State’s Part 68 program 

submit a RMP that reports at least the 

same information in the same format as 

required under Part 68, Subpart G; 

• Procedures for reviewing RMPs and 

providing technical assistance to 

stationary sources including small 

businesses; and 

• A demonstration of the State’s 

authority to enforce all Part 68 

requirements must be made, including 

an auditing strategy that complies with 

section 68.220. 

For a program that covers all of the 

federally-listed chemicals (a ‘‘complete 

program’’) or a program covering less 

than all of the federally-listed chemicals 

(a ‘‘partial program’’) the State must take 

delegation of the full part 68 program 

for the federally-listed chemicals it 

regulates. For additional details 

regarding these requirements, refer to 

our proposal notice cited above. 

The NDDA has a program in place for 

regulation of anhydrous ammonia 

facilities under authority of North 

Dakota Century Code (NDCC) 19–20.2 

and 19–20.3 and promulgated in North 

Dakota Administrative Code (NDAC) 7– 

12–03–03, which addresses RM Program 

requirements and adopts 40 CFR Part 68 

requirements by reference. 

NDCC 19–20.2 provides general 

authority for the NDDA to license and 

regulate anhydrous ammonia facilities 

with a capacity exceeding six thousand 

gallons, engineering requirements for 

tanks, valve fittings, and other 

equipment, and siting requirements that 

specify minimum distances between 

anhydrous ammonia storage tanks and 

adjoining property lines, residences, 

places of public assembly, and 

institutional residences. NDCC 19–20.2 

also provides the NDDA authority to 

enter any public or private premises to 

inspect equipment and respond to 

complaints. If violations are found, 

NDCC 19–20.2 allows the NDDA to 

issue cease and desist orders, revoke or 

suspend facility licenses, and issue civil 

penalties. 

NDCC 19–20.3–01 gives the 

Agriculture Commissioner authority to 

determine compliance with the RM 

Program requirements set forth in 40 

CFR Part 68 by providing the 

Commissioner authority to: 

1. Request information from any 

person that sells, stores, or handles 

anhydrous ammonia for agricultural 

purposes, and is required to comply 

with the RM Program requirements. 

2. Conduct inspections of any person 

that sells, stores, or handles anhydrous 

ammonia for agricultural purposes, and 

is required to comply with the RM 

Program requirements. 

3. Obtain and review RMPs required 

under 40 CFR Part 68, and other records 

applicable to any person that sells, 

stores, or handles anhydrous ammonia 

for agricultural purposes, and is 

required to comply with the RM 

Program requirements. 

The NDAA has requested partial 

delegation of the RM Program for 

facilities with an anhydrous ammonia 

storage capacity of ten thousand pounds 

or more that is intended to be used as 

fertilizer or in the manufacturing of a 

fertilizer (‘‘agricultural anhydrous 

ammonia facilities’’). After a thorough 

review (as described in detail in our 

proposal notice) of North Dakota’s 

partial delegation request, the pertinent 

statutes and regulations, and after 

appropriate public notice of the 

proposed delegation, Region 8 finds that 

such a delegation is appropriate in that 

North Dakota has satisfied the criteria in 

40 CFR 63.91 and 63.95 by 

demonstrating it has adequate and 

effective authorities, resources, and 

procedures in place for implementation 

and enforcement of agricultural 

anhydrous ammonia facilities subject to 

the RM Program. As approved, North 

Dakota has the primary authority and 

responsibility to carry out elements of 

the RM Program for agricultural 

anhydrous ammonia facilities within 

the State, including on-site inspections, 

recordkeeping reviews, audits, 

compliance assistance and outreach, 

and non-criminal enforcement. The EPA 

will retain the RM Program for all other 

regulated chemicals which may be 

present at these facilities. See 40 CFR 

68.130. For additional information, 

please see the proposed rule, ‘‘Approval 

of North Dakota Request for Partial 

Delegation of Prevention of Accidental 

Release, Clean Air Act Section 112(r) 

Program’’ EPA–R08–OAR–2013–0330, 

78 FR 66321 (Nov. 5, 2013). 

II. Response to Comments 

We received no comments on our 

proposed approval of NDDA’s request 

for delegation. 

III. Final Action 

The EPA is 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 as defined by NDAC 

7–12–03–03. This delegation will 

extend to agricultural anhydrous 

ammonia facilities in North Dakota that 

are sources subject to the accidental 

release prevention regulations in 40 CFR 

Part 68,1 with the exception of sources 

in Indian country as defined by 18 

U.S.C. 1151. 

If the EPA determines that NDDA’s 

procedures for enforcing or 

implementing the 40 CFR part 68 

requirements are inadequate, or are not 

being effectively carried out, this 

delegation may be revoked in whole or 

in part in accordance with the 

procedures set out in 40 CFR 63.96(b). 

In instances where there is a conflict 

between a NDDA interpretation and a 

Federal interpretation of applicable 

regulations in 40 CFR part 68, the 

Federal interpretation must be applied if 

it is more stringent than that of the 

NDDA. The Administrator retains the 

specific authorities under 40 CFR 

68.120 regarding the petition process for 

modifying the list of regulated 

substances identified in 40 CFR 68.130.2

Although the NDDA has primary 

authority and responsibility to 

implement and enforce the chemical 

accident prevention provisions for 

agricultural anhydrous ammonia, 

nothing shall preclude, limit, or 

interfere with the authority of the EPA 

to exercise its enforcement, 

investigatory, and information gathering 

authorities concerning this part of the 

Act. 

IV. 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 

CAA and applicable federal regulations 

(42 U.S.C. 7410(k), 40 CFR 52.02(a)). 

Thus, in reviewing delegation requests, 

the EPA’s role is to review and approve 

state programs provided that they meet 

the criteria of the CAA. Accordingly, 


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Federal Register / Vol. 78, No. 250 / Monday, December 30, 2013 / Rules and Regulations 79319 

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 the 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 the EPA notes that it will not 

impose substantial direct costs on Tribal 

governments or preempt Tribal law. 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by February 28, 2014. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this rule for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action, 

pertaining to the approval of the 

NDDA’s delegation of authority for the 

chemical accident prevention 

provisions (CAA section 112), may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 63 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

substances, Intergovernmental relations, 

Risk management program. 

Dated: December 13, 2013. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

40 CFR part 63 is amended as follows: 

PART 63—NATIONAL EMISSION 

STANDARDS FOR HAZARDOUS AIR 

POLLUTANTS FOR SOURCE 

CATEGORIES 

■ 1. The authority citation for part 63 

continues to read as follows: 

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

Subpart E—Approval of State 

Programs and Delegation of Federal 

Authorities 

■ 2. Section 63.99 is amended by adding 

paragraph (a)(35) to read as follows: 

§ 63.99 Delegated Federal authorities. 

(a) * * * 

(35) North Dakota. The North Dakota 

Department of Agriculture is delegated 

the authority to implement and enforce 

the provisions of 40 CFR part 68 at 

facilities with an anhydrous ammonia 

storage capacity of ten thousand pounds 

or more that is intended to be used as 

fertilizer or in the manufacturing of a 

fertilizer within North Dakota and that 

are subject to the requirements of 40 

CFR part 68, in accordance with the 

final rule, dated December 30, 2013. 

[FR Doc. 2013–31269 Filed 12–27–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 312 

[EPA–HQ–SFUND–2013–0513; FRL–9904– 

52–OSWER] 

Amendment to Standards and 

Practices for All Appropriate Inquiries 

Under CERCLA 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) today is taking final 

action to amend the standards and 

practices for conducting all appropriate 

inquiries under the Comprehensive 

Environmental Response, Compensation 

and Liability Act (CERCLA) to reference 

a standard practice recently made 

available by ASTM International, a 

widely recognized standards 

development organization. Specifically, 

this final rule amends the ‘‘All 

Appropriate Inquiries Rule’’ at 40 CFR 

Part 312 to reference ASTM 

International’s E1527–13 ‘‘Standard 

Practice for Environmental Site 

Assessments: Phase I Environmental 

Site Assessment Process’’ and make 

clear that persons conducting all 

appropriate inquiries may use the 

procedures included in this standard to 

comply with the All Appropriate 

Inquiries Rule. 

DATES: This rule is effective on 

December 30, 2013. 

FOR FURTHER INFORMATION CONTACT: For 

general information contact the CERCLA 

Call Center at 800–424–9346 or TDD 

800–533–7672 (hearing impaired). In 

the Washington, DC metropolitan area, 

call 703–412–9810 or TDD 703–412– 

3323. For more detailed information on 

specific aspects of this rule, contact 

Patricia Overmeyer, Office of 

Brownfields and Land Revitalization 

(5105T), U.S. Environmental Protection 

Agency, 1200 Pennsylvania Avenue 

NW., Washington, DC 20460–0002, 202– 

566–2774, or Overmeyer.patricia@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Who potentially may be affected by 

today’s rule? 

Today’s action offers parties the 

option of using an additional ASTM 

International standard to conduct all 

appropriate inquiries. Parties 

purchasing potentially contaminated 

properties may use the ASTM E1527–13 

standard practice when conducting all 

appropriate inquiries pursuant to 

CERCLA. However, today’s rule does 

not require that any party use this 

standard. Any party who wants to 

conduct all appropriate inquiries under 

CERCLA may follow the All 

Appropriate Inquiries Rule at 40 CFR 

Part 312 or use the new standard 

recognized in today’s final rule, the 

ASTM E1527–13 standard. 

Parties potentially affected by this 

action are those who may choose to use 

the newly referenced ASTM standard to 

perform all appropriate inquiries and 

include public and private parties who, 

as bona fide prospective purchasers, 

contiguous property owners, or 

innocent landowners, are purchasing 

potentially contaminated properties and 


wreier-aviles on DSK5TPTVN1PROD with RULES