Federal Register / Vol. 78, No. 214 / Tuesday, November 5, 2013 / Proposed Rules 66321 

information. The Regional Office official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Please see the direct final rule which 

is located in the Rules section of this 

Federal Register for detailed 

instructions on how to submit 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Arra, Environmental Scientist, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–9401, 

arra.sarah@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

Final Rules section of this Federal 

Register, EPA is approving Ohio’s state 

implementation plan submittal as a 

direct final rule without prior proposal 

because the Agency views this as a 

noncontroversial submittal and 

anticipates no adverse comments. A 

detailed rationale for the approval is set 

forth in the direct final rule. If no 

adverse comments are received in 

response to this rule, no further activity 

is contemplated. If EPA receives adverse 

comments, the direct final rule will be 

withdrawn and all public comments 

received will be addressed in a 

subsequent final rule based on this 

proposed rule. EPA will not institute a 

second comment period. Any parties 

interested in commenting on this action 

should do so at this time. Please note 

that if EPA receives adverse comment 

on an amendment, paragraph, or section 

of this rule and if that provision may be 

severed from the remainder of the rule, 

EPA may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. For additional 

information, see the direct final rule 

which is located in the Rules section of 

this Federal Register. 

Dated: October 21, 2013. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2013–26357 Filed 11–4–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–R08–OAR–2013–0330, FRL–9902–46– 

Region 8] 

Approval of North Dakota Request for 

Partial Delegation of Prevention of 

Accidental Release, Clean Air Act 

Section 112(r) Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Under Clean Air Act (CAA) 

Section 112(l), EPA may approve State 

or local rules or programs to be 

implemented and enforced in place of 

certain otherwise applicable Federal 

rules, emissions standards, or 

requirements. On September 13, 2012, 

the State of North Dakota, Department of 

Agriculture (NDDA), requested partial 

delegation of the CAA section 112(r)(7) 

Risk Management Program (RM 

Program) for agricultural anhydrous 

ammonia facilities. The September 13, 

2012 request was supplemented by the 

NDAA on February 26, 2013, and April 

11, 2013. EPA has preliminarily 

determined that NDDA’s request meets 

CAA requirements for partial 

delegation, and EPA is proposing to 

approve the request. 

DATES: Comments must be received on 

or before December 5, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2013–0330, by one of the 

following methods: 

• www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

• Email: Truskowski.brent@epa.gov. 

• Fax: (303) 312–7203 (please alert 

the individual listed in the FOR FURTHER

INFORMATION CONTACT if you are faxing 

comments). 

• Mail: Brent Truskowski, Acting 

RMP Coordinator, Emergency Response 

and Preparedness Program, U.S. 

Environmental Protection Agency 

(EPA), Region 8, Mailcode 8EPR–ER, 

1595 Wynkoop St., Denver, Colorado 

80202–1129. 

• Hand Delivery: Brent Truskowski, 

Acting RMP Coordinator, Emergency 

Response and Preparedness Program, 

U.S. Environmental Protection Agency 

(EPA), Region 8, Mailcode 8EPR–ER, 

1595 Wynkoop St., Denver, Colorado 

80202–1129. Such deliveries are only 

accepted Monday through Friday, 8:00 

a.m. to 4:30 p.m., excluding Federal 

holidays. Special arrangements should 

be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R08–OAR–2014– 

0330. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

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 www.regulations.gov 

or email. The www.regulations.gov Web 

site 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 email 

comment directly to EPA, without going 

through 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. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http://

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

Docket: All documents in the docket 

are listed in the 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 in 

www.regulations.gov or in hard copy at 

the Preparedness Program, 

Environmental Protection Agency 

(EPA), Region 8, 1595 Wynkoop St., 

Denver, Colorado 80202–1129. 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 


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66322 Federal Register / Vol. 78, No. 214 / Tuesday, November 5, 2013 / Proposed Rules 

Coordinator, Emergency Response and 

Preparedness Program, Mailcode 8EPR– 

ER, U.S. Environmental Protection 

Agency (EPA), Region 8, 1595 Wynkoop 

St., Denver, Colorado 80202–1129, (303) 

312–6235, truskowski.brent@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Information is organized as follows: 

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 CAS mean Chemical 

Abstract Service. 

(viii) The initials NDCC mean North 

Dakota Century Code. 

(ix) The initials NDAC mean North 

Dakota Administrative Code. 

(x) The initials MOU mean 

Memorandum of Understanding. 

Table of Contents 

I. What action is EPA proposing in today’s 

notice? 

II. Background 

A. Risk Management Program Background 

B. Delegation of Section 112 Programs 

C. North Dakota’s Request for Delegation 

III. EPA’s Analysis of NDDA’s Submittal 

IV. Proposed Action 

V. Statutory and Executive Order Reviews 

I. What action is EPA proposing in 

today’s notice? 

On June 20, 1996, EPA promulgated 

Risk Management Program (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. 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 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 and the 

public to improve accident prevention 

and emergency response practices. 

The North Dakota Department of 

Agriculture (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’’). EPA is proposing 

to approve this request and to partially 

delegate the RM Program for agricultural 

anhydrous ammonia facilities to the 

State of North Dakota. EPA would retain 

authority for the RM Program for all 

other regulated chemicals which may be 

present at these facilities. See 40 CFR 

68.130. 

After a thorough review of North 

Dakota’s partial delegation request, and 

the pertinent statutes and regulations, 

Region 8 proposes to find 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. If 

approved, North Dakota will have the 

primary authority and responsibility to 

carry out elements of the RM Program 

for agricultural anhydrous ammonia 

facilities within the State, including onsite inspections, recordkeeping reviews, 

audits, compliance assistance and 

outreach, and non-criminal 

enforcement. EPA will retain authority 

for implementing the RM Program for 

all other chemicals at these facilities, 

and for the RM Program generally in 

North Dakota for all other facilities. 

II. Background 

A. Risk Management Program 

Background 

On January 31, 1994 (59 FR 4493), 

EPA promulgated (along with various 

other provisions) the ‘‘List of Regulated 

Substances and Thresholds for 

Accidental Release Prevention and Risk 

Management Programs for Chemical 

Accident Release Prevention.’’ See 40 

CFR 68.130. The list, known as Tables 

1 to 4 in section 68.130, sets forth the 

list of regulated substances and 

thresholds under CAA Section 112(r). 

Anhydrous ammonia is a regulated 

substance under section 112(r) based on 

a mandate from Congress and its 

subsequent inclusion on the list in 

Tables 1 and 2 in section 68.130. Tables 

1 and 2 are identical lists of toxic 

chemicals arranged alphabetically in 

Table 1 and by Chemical Abstract 

Service (CAS) number in Table 2. 

Part 68 also sets forth the 

requirements for owners or operators of 

stationary sources concerning the 

prevention of accidental releases. The 

regulations address the safe design, 

operation, and maintenance of covered 

processes and emergency response to 

accidental releases that may occur. The 

regulations also include requirements 

for the development and submission of 

RMPs by regulated sources. The RMP is 

required to include information about 

the regulated stationary source and 

about the source’s hazard assessment, 

prevention program, and emergency 

response program. 

B. Delegation of Section 112 Programs 

Section 112(l) of the CAA and 40 CFR 

part 63, subpart E authorize 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. EPA promulgated 40 CFR part 63, 

subpart E on November 26, 1993 (58 FR 

62262) and subsequently amended these 

regulations on September 14, 2000 (65 

FR 55810). 

Under 40 CFR 63.91(a), a state must 

satisfy requirements under 40 CFR 

63.91(d) to obtain delegation of a section 

112 program. If the state adopts federal 

rules unchanged, then only the criteria 

in 40 CFR 63.91(d) are required, except 

for delegation of the RM Program for 

which the provisions of 40 CFR 63.95 

must also be met. See 40 CFR 63.91(a)(1) 

and (a)(4). 

Under 40 CFR 63.91(d), the state may 

either reference approval of a Title V 

program or directly satisfy the 

requirements in (d)(3)(i)–(v). These 

requirements include: 

• A written finding by the State 

Attorney General that the state has the 

necessary legal authority to implement 

and enforce the program and to assure 

compliance; 

• Copies of the state’s statutes and 

regulations granting authority to 

implement the program; 

• A demonstration that the state has 

adequate resources to implement and 

enforce the program; 

• A schedule demonstrating 

expeditious implementation of the 

program; and 

• A plan that assures expeditious 

compliance, including a complete 

description of the state’s compliance 

tracking and enforcement program. 

If a State’s legal authorities substantially 

meet the requirements above (set out in 

detail in 40 CFR 63.91(d)(3)(i)), but are 

not fully approvable, EPA may grant 

partial approval with the State’s consent 

and the EPA will continue to implement 

those authorities that are not approved. 

See 40 CFR 63.91(f). 

Under 40 CFR 63.95(b), the State’s 

part 68 program shall contain the 

following elements, consistent with the 

procedures in § 63.91, for at least the 


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1Under 40 CFR 63.95(b)(2), a State’s RM Program 

may require reporting of information not required 

by the Federal program, and these requirements 

(like any other additional State requirements) will 

become federally enforceable upon approval. In this 

case, NDDA has directly adopted by reference the 

Federal program in part 68, including the reporting 

requirements of subpart G. 

2The MOU between EPA and the NDDA, while 

not a delegation requirement, is intended to ensure 

regular communication between the two Agencies 

to ensure effective enforcement of the RM program 

by NDDA. The purposes of the MOU are to promote 

the identification and coordination of the section 

112(r)(7) RM Program compliance and enforcement 

activities pertaining to agricultural bulk anhydrous 

ammonia facilities, to describe both parties’ mutual 

understanding of compliance responsibilities, and 

to avoid replication and duplication of efforts while 

discharging the parties’ respective duties. By 

Continued 

chemicals listed in 40 CFR part 68, 

subpart F, 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 40 

CFR 68.200; and 

• 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; 1

• Procedures for reviewing RMPs and 

providing technical assistance to 

stationary sources including small 

businesses. 

• 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. 

C. North Dakota’s Request for 

Delegation 

In late 2009 and early 2010, NDDA 

initiated conversations with EPA Region 

8 regarding the procedure for receiving 

partial delegation of the RM Program for 

agricultural anhydrous ammonia 

facilities. EPA provided NDDA 

information regarding the delegation 

process through various email 

correspondence, phone conversations 

and meetings. On February 17, 2011, 

EPA Region 8 sent NDDA a letter 

formally recognizing NDDA’s interest in 

receiving partial delegation of the RM 

program, and describing the basic 

requirements for the NDDA to request 

and receive partial delegation of the RM 

Program. 

NDDA has in place a program for 

regulation of certain aspects of 

anhydrous ammonia facilities, but this 

program does not address RM Program 

requirements. North Dakota Century 

Code (NDCC) 19–20.2 provides general 

authority for NDDA to license and 

regulate anhydrous ammonia facilities 

with a capacity exceeding six thousand 

gallons. NDCC 19–20.2 contains 

engineering requirements for tanks, 

valve fittings, and other equipment to 

ensure that tanks and appurtenances are 

structurally sound and properly 

maintained. NDCC 19–20.2 also 

includes 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 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 NDDA to issue 

cease and desist orders, revoke or 

suspend facility licenses, and issue civil 

penalties. 

On April 18, 2011, the North Dakota 

Legislative Assembly enacted House Bill 

1321, which created NDCC 19–20.3. 

NDCC 19–20.3 was enacted in 

anticipation of NDDA requesting and 

assuming partial delegation for the RM 

Program for agricultural anhydrous 

ammonia facilities. NDCC 19–20.3 

became effective April 1, 2013. 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 risk management 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 risk 

management 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 risk 

management program requirements. 

NDCC 19–20.3 also provides the 

Agriculture Commissioner with 

enforcement authority when RM 

Program violations are identified. 

Specifically, NDCC 19–20.3–02 states 

that the Commissioner may: 

1. Bring an action to enjoin a violation 

or a threatened violation; 

2. Issue a cease and desist order; and 

3. Impose a civil penalty through an 

administrative hearing in an amount not 

exceeding ten thousand dollars per day 

for each violation. 

On September 13, 2012, NDDA 

submitted to EPA a request to receive 

partial delegation of authority to 

implement and enforce the RM Program. 

This request included the following 

documents (which are included in the 

docket for this action): 

• A summary of the State’s anhydrous 

ammonia regulatory authority and 

general components of a proposed RMP 

enforcement program; 

• A copy of NDCC 19–20.2; 

• A copy of NDCC 19–20.3; 

• A letter from the North Dakota 

Attorney General asserting authority of 

the Agriculture Commissioner to 

enforce the RM Program; 

• A proposed Memorandum of 

Understanding (MOU) between NDDA 

and the EPA; 

• A proposed RMP enforcement 

response policy; 

• A proposed administrative rule for 

incorporating by reference 40 CFR part 

68 into North Dakota’s regulations 

(NDAC 7–12–03). 

EPA reviewed the information 

provided with the request for partial 

delegation, and requested further 

information in December 2012. In 

addition, EPA responded to NDDA’s 

request on December 13, 2012, 

acknowledging the receipt of the request 

for partial delegation, and describing the 

steps required by EPA to delegate the 

RM Program to NDDA. 

On February 26, 2013, NDDA 

submitted further information in 

response to EPA’s request. The response 

provided EPA with a revised letter from 

the Attorney General addressing specific 

questions and concerns raised by EPA 

and a revised summary of North 

Dakota’s regulatory authority and 

general components of the proposed 

enforcement program. The response 

indicated that North Dakota was 

amending a portion of its previous 

request and excluding the criminal 

enforcement authority required under 

40 CFR 70.11(a)(3)(ii) and (iii) from its 

partial delegation request. The response 

discussed the status of North Dakota’s 

rulemaking process to incorporate the 

RM Program into its regulations. The 

response also described how the 

requirements of 40 CFR 63.95(b)(3) and 

(b)(4) would be met, as well as a 

description of how EPA concerns 

regarding the proposed MOU were met.2


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November 30 of each year, North Dakota plans to 

provide EPA Region 8 with an end of year report 

that summarizes North Dakota’s RM Program 

regulatory activities for the previous federal fiscal 

year. The report is expected to include information 

on the number of RM Program inspections 

conducted, number and types of violations 

identified, notable cases, description of the 

enforcement actions taken, number and description 

of RM Program compliance assistance activities, 

and other information related to RM Program 

enforcement. The MOU ensures ongoing 

communication regarding NDDA enforcement of the 

RM Program by NDDA providing EPA with an 

enforcement targeting scheme at the beginning of 

each federal fiscal year. The targeting scheme is 

expected to identify facilities scheduled for initial 

or follow-up inspection for the upcoming federal 

fiscal year and priority areas for regulation. NDDA 

will also notify EPA of accidents at regulated 

facilities that cause environmental damage, 

personal injury, property damage, or involve 

releases of 100 lbs or more. EPA and NDDA plan 

to share facility and chemical data base 

information, progress reports, and results of 

inspections to the extent that the information is not 

confidential. 

3Consistent with 40 CFR 63.95(b), North Dakota 

did not incorporate the following sections into its 

regulations: 40 CFR 68.120 (Petition Process), 40 

CFR 68.210 (Availability of Information to the 

Public), and 40 CFR 68.215 (Permit Content and Air 

Permitting Authority or Designated Agency 

Requirements). 

4North Dakota originally relied on authority 

under NDCC 19–20.2 for its adoption of the RM 

Program. NDCC 19–20.2 defined anhydrous 

ammonia storage facility as a bulk anhydrous 

ammonia storage facility with a capacity exceeding 

six thousand gallons. 40 CFR 68.130 sets a 

threshold quantity for accidental release prevention 

at ten thousand pounds, or approximately one 

thousand nine hundred forty gallons. EPA 

discussed this gap in potential coverage with the 

State. The Attorney General’s supplemental finding 

identified NDDA’s general rulemaking authority 

along with the grant of authority under NDCC 19– 

20.3 as appropriate authority for adoption of the RM 

Program for agricultural anhydrous ammonia 

facilities with the appropriate threshold. 

5As discussed above, NDCC 19–20.3 gives the 

Agriculture Commissioner the authority to conduct 

inspections and access records necessary to verify 

compliance with the RM Program. NDCC 19–20.3 

also provides the legal authority for the NDDA to 

access, review and audit RMPs from regulated 

persons. 

On April 1, 2013, North Dakota 

incorporated by reference into its 

regulations the provisions of 40 CFR 

part 68 3 as published on June 30, 2011, 

with only one adjustment. See NDAC 7– 

12–03. This adjustment clarifies North 

Dakota is incorporating 40 CFR part 68 

only insofar as it applies to agricultural 

anhydrous ammonia facilities. NDAC 7– 

12–03–02. 

EPA reviewed the additional 

information provided by North Dakota 

and requested additional information on 

proposed enforcement tracking. On 

April 18, 2013, NDDA provided EPA 

with a ‘‘Revised Summary of North 

Dakota’s Anhydrous Ammonia 

Regulatory Authority and General 

Components of a Proposed RMP 

Enforcement Program.’’ On June 3, 2013, 

EPA Region 8 determined that the 

delegation package was complete, and 

sent NDDA a letter confirming the 

determination. 

III. EPA’s Analysis of NDDA’s 

Submittal 

Based on NDDA’s partial delegation 

request, and applicable laws and 

regulations, EPA is proposing to 

approve the request as it appears NDDA 

has satisfied the relevant criteria of 40 

CFR 63.91 and 63.95. EPA is treating 

NDDA’s request as a request for straight 

partial delegation under 40 CFR 

63.91(a)(1), (4) and (f), since North 

Dakota has incorporated by reference 

the RM Program in 40 CFR part 68 as 

described above. 

In accordance with 40 CFR 

63.91(d)(3)(i), the North Dakota 

Assistant Attorney General submitted a 

written finding of NDDA’s authority to 

implement and enforce the RM Program 

for agricultural anhydrous ammonia 

facilities.4 The Assistant Attorney 

General supplemented this finding to 

clarify that the NDDA does not have the 

criminal enforcement authority 

specified in section 70.11(a)(3)(ii) and 

(iii). As a result, North Dakota has not 

requested delegation of that criminal 

enforcement authority. With respect to 

the remaining requirements, North 

Dakota demonstrated the appropriate 

authority for section 70.11(a)(1) (ability 

to enjoin activity in violation of a permit 

that is presenting an imminent and 

substantial endangerment to the public 

health or welfare, or the environment), 

section 70.11(a)(2) (ability to enjoin 

violation of any program requirement), 

and section 70.11(a)(3)(i) (ability to 

assess civil penalties up to $10,000 per 

day of violation). 

The Assistant Attorney General also 

determined that NDDA had adequate 

authority to assure compliance with the 

RM Program for sources subject to these 

provisions. As explained above, NDCC 

19–20.3 provides NDDA with authority 

to request information from and conduct 

inspections of such sources, as required 

by 40 CFR 63.91(d)(3)(i)(B) and (C). 

In accordance with 40 CFR 

63.91(d)(3)(ii)-(v), NDDA submitted 

copies of the appropriate provisions of 

State statutes and regulations, 

documentation of adequate resources to 

implement and enforce the RM Program, 

and a schedule and plan to assure 

expeditious implementation and 

compliance by all sources, including a 

description of the State’s compliance 

tracking and enforcement program 

(including inspection strategies). With 

respect to adequate resources and 

expeditious implementation, the NDDA 

currently has three employees devoted 

almost entirely to program 

implementation. With respect to 

expeditious compliance, NDDA already 

conducts inspections of anhydrous 

ammonia facilities once every five years 

to ensure compliance with NDCC 19– 

20.2. There are currently 368 licensed 

facilities in the State, which requires 

NDDA to inspect approximately 70 

facilities each year. NDDA will conduct 

RM Program compliance inspections 

and audits while conducting 

inspections for the engineering 

requirements found in NDCC 19–20.2.5

In accordance with 40 CFR 

63.95(b)(1), NDDA submitted 

information which demonstrates that it 

has the authority and resources to 

implement and enforce regulations that 

are no less stringent than the regulations 

in 40 CFR part 68, subparts A through 

G and section 68.200, and a requirement 

that subject sources submit a RMP that 

reports at least the same information in 

the same format to the same location as 

required under 40 CFR part 68, subpart 

G. As required by 40 CFR 63.95(b)(3)– 

(4), NDDA submitted documentation 

that it has adequate procedures for 

reviewing RMPs, providing technical 

assistance to stationary sources, 

including small businesses, and 

auditing RMPs in a manner consistent 

with 40 CFR 68.220. In particular, 

NDDA will review and audit RMPs as 

part of the inspections described above. 

The NDDA also anticipates providing 

technical assistance, including outreach 

and education, by conducting annual 

safety and compliance meetings with 

regulated persons as a tool to increase 

awareness of the RM Program 

requirements and improving 

compliance. 

If this proposal is finalized, NDDA 

will have primary authority and 

responsibility to implement and enforce 

(with the exception of criminal 

enforcement) the RM Program for 

agricultural anhydrous ammonia 

facilities. However, nothing shall 

preclude, limit, or interfere with the 

authority of EPA to exercise its outreach 

and compliance assistance, 

enforcement, investigatory, and 

information gathering authorities 

concerning this part of the Act. If EPA 

determines that NDDA’s procedures for 

enforcing or implementing the 40 CFR 

part 63 or 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 

forth in 40 CFR 63.96(b). 

In addition, this delegation to NDDA 

will not extend to sources or activities 

located in Indian country, as defined in 

18 U.S.C. 1151. Under this definition, 


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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 


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