Approval of Request for Delegation of Authority for Prevention of Accidental Release, North Dakota Department of Agriculture, 79317-79319 [2013-31269]
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Federal Register / Vol. 78, No. 250 / Monday, December 30, 2013 / Rules and Regulations
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
[EPA–R08–OAR–2013–0330, FRL–9904–88Region 8]
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:
wreier-aviles on DSK5TPTVN1PROD with RULES
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).
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15:10 Dec 27, 2013
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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
Approval of Request for Delegation of
Authority for Prevention of Accidental
Release, North Dakota Department of
Agriculture
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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
SUMMARY:
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79317
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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Federal Register / Vol. 78, No. 250 / Monday, December 30, 2013 / Rules and Regulations
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
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Jkt 232001
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).
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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,
1 EPA 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.
2 Accordingly, the NDDA rules do not incorporate
by reference 40 CFR 68.120.
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Federal Register / Vol. 78, No. 250 / Monday, December 30, 2013 / Rules and Regulations
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
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15:10 Dec 27, 2013
Jkt 232001
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
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) today is taking final
SUMMARY:
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79319
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
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Agencies
[Federal Register Volume 78, Number 250 (Monday, December 30, 2013)]
[Rules and Regulations]
[Pages 79317-79319]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-31269]
=======================================================================
-----------------------------------------------------------------------
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
[[Page 79318]]
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.
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\1\ EPA 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.
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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.
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\2\ Accordingly, the NDDA rules do not incorporate by reference
40 CFR 68.120.
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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,
[[Page 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
0
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
0
2. Section 63.99 is amended by adding paragraph (a)(35) to read as
follows:
Sec. 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