Approval and Promulgation of Air Quality Implementation Plans; Delaware; Prevention of Significant Deterioration; Greenhouse Gas Permitting Authority and Tailoring Rule Revision, 13496-13497 [2013-04143]
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13496
Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Rules and Regulations
The formal SIP revision was submitted
by Delaware on October 12, 2011 and
supplemented on August 9, 2012.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2012–0521; FRL–9783–7]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Prevention of Significant
Deterioration; Greenhouse Gas
Permitting Authority and Tailoring Rule
Revision
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving a State
Implementation Plan (SIP) revision
submitted by the Delaware Department
of Natural Resources and Environmental
Control (DNREC). This revision pertains
to EPA’s greenhouse gas (GHG)
permitting provisions as promulgated
on June 3, 2010. This action is being
taken under the Clean Air Act (CAA).
DATES: This final rule is effective on
April 1, 2013.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2012–0521. All
documents in the docket are listed in
the www.regulations.gov Web site.
Although listed in the electronic docket,
some information is not publicly
available, i.e., 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 for
public inspection during normal
business hours at the Air Protection
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the Delaware Department of
Natural Resources and Environmental
Control, 89 Kings Highway, P.O. Box
1401, Dover, Delaware 19903.
FOR FURTHER INFORMATION CONTACT:
David Talley, (215) 814–2117, or by
email at talley.david@epa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
srobinson on DSK4SPTVN1PROD with RULES
I. Background
On October 29, 2012 (77 FR 65518),
EPA published a notice of proposed
rulemaking (NPR) for the State of
Delaware. The NPR proposed approval
of revisions to Delaware’s Prevention of
Significant Deterioration (PSD) program
pertaining to the regulation of GHGs.
VerDate Mar<15>2010
19:07 Feb 27, 2013
Jkt 229001
II. Summary of SIP Revision
This revision pertains to EPA’s PSD
permitting provisions relating to GHGs
as promulgated on June 3, 2010 in the
Tailoring Rule (75 FR 31514). The SIP
revision modifies Delaware’s PSD
program at 7 DE Admin. Code 1125 to
establish appropriate emission
thresholds for determining which new
stationary sources and modifications
become subject to Delaware’s PSD
permitting requirements for their GHG
emissions. Other specific requirements
of this SIP revision and the rationale for
EPA’s proposed action are explained in
the NPR and will not be restated here.
No public comments were received on
the NPR.
III. Final Action
EPA is approving Delaware’s October
12, 2011 and August 9, 2012
submissions as a revision to the
Delaware SIP.
IV. Statutory and Executive Order
Reviews
A. General Requirements
Under the CAA, the Administrator is
required to approve a SIP submission
that 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 SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this 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);
PO 00000
Frm 00054
Fmt 4700
Sfmt 4700
• 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 SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
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 April 29, 2013. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action 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 Delaware’s GHG
regulations may not be challenged later
E:\FR\FM\28FER1.SGM
28FER1
13497
Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Rules and Regulations
in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Authority: 42 U.S.C. 7401 et seq.
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: February 8, 2013.
W.C. Early,
Acting Regional Administrator, Region III.
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
Subpart I—Delaware
2. In § 52.420, the table in paragraph
(c) is amended by revising the entry for
Regulation 1125, Section 1.0 to read as
follows:
■
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
§ 52.420
*
1. The authority citation for part 52
continues to read as follows:
■
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED REGULATIONS IN THE DELAWARE SIP
State regulation
(7 DNREC 1100)
State
effective
date
Title/subject
*
*
*
1125
Section 1.0 .....................
*
*
*
*
*
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2012–0305; FRL–9783–9]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Deferral for CO2 Emissions
From Bioenergy and Other Biogenic
Sources Under the Prevention of
Significant Deterioration Program
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving a State
Implementation Plan (SIP) revision
submitted by the Maryland Department
of the Environmental (MDE) on April 4,
2012. This revision defers until July 21,
2014 the application of the Prevention
of Significant Deterioration (PSD)
permitting requirements to biogenic
carbon dioxide (CO2) emissions from
bioenergy and other biogenic stationary
sources in the State of Maryland. This
action is being taken under the Clean
Air Act (CAA).
DATES: This final rule is effective on
April 1, 2013.
SUMMARY:
srobinson on DSK4SPTVN1PROD with RULES
*
8/11/12
2/28/13 [Insert page
number where the
document begins].
Jkt 229001
*
*
*
Added definitions of ‘‘GHG’’ and ‘‘Subject to
Regulation’’ under Section 1.9. Note: In section 1.9, the previous SIP-approved baseline
dates for sulfur dioxide, particulate matter, and
nitrogen dioxide in the definition of ‘‘Baseline
Date’’ remain part of the SIP.
*
EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2012–0305. All
documents in the docket are listed in
the www.regulations.gov Web site.
Although listed in the electronic docket,
some information is not publicly
available, i.e., 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 for
public inspection during normal
business hours at the Air Protection
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the Maryland Department of
the Environment, 1800 Washington
Boulevard, Suite 705, Baltimore,
Maryland 21230.
FOR FURTHER INFORMATION CONTACT:
David Talley, (215) 814–2117, or by
email at talley.david@epa.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
BILLING CODE 6560–50–P
19:07 Feb 27, 2013
Additional explanation
Requirements for Preconstruction Permitting
*
[FR Doc. 2013–04143 Filed 2–27–13; 8:45 am]
VerDate Mar<15>2010
*
General Provisions .......
*
*
EPA approval date
I. Background
On September 7, 2012 (77 FR 55171),
EPA published a notice of proposed
rulemaking (NPR) for the State of
PO 00000
Frm 00055
Fmt 4700
Sfmt 4700
*
*
Maryland. The NPR proposed approval
of a revision to the Maryland SIP which
would defer until July 21, 2014 the
application of PSD permitting
requirements to biogenic CO2 emissions
from bioenergy and other biogenic
stationary sources in Maryland. The
formal SIP revision (#12–02) was
submitted by MDE on April 4, 2012.
During the public comment period, EPA
received a request from a commenter to
extend the comment period. In response
to that request, EPA re-opened the
public comment period for an
additional 30 days under additional
notice on November 16, 2012 (77 FR
68721).
II. Summary of SIP Revision
EPA incorporated the biomass
deferral into the Code of Federal
Regulations (CFR) governing state
programs and into the Federal PSD
program by amending the definition of
‘‘subject to regulation’’ under 40 CFR
51.166 and 52.21 respectively. Maryland
implements its PSD program by
incorporating section 52.21 by
reference. This incorporation references
a date specific version of the CFR and
is updated periodically and submitted
to EPA for approval into the SIP. In
order to adopt the Biomass Deferral,
Maryland has revised COMAR
26.11.06.14B(1) to incorporate the 2009
version of 40 CFR 52.21 ‘‘as amended
by’’ the Tailoring Rule and the Biomass
E:\FR\FM\28FER1.SGM
28FER1
]]>Agencies
[Federal Register Volume 78, Number 40 (Thursday, February 28, 2013)]
[Rules and Regulations]
[Pages 13496-13497]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04143]
[[Page 13496]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2012-0521; FRL-9783-7]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Prevention of Significant Deterioration; Greenhouse Gas
Permitting Authority and Tailoring Rule Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the Delaware Department of Natural Resources and
Environmental Control (DNREC). This revision pertains to EPA's
greenhouse gas (GHG) permitting provisions as promulgated on June 3,
2010. This action is being taken under the Clean Air Act (CAA).
DATES: This final rule is effective on April 1, 2013.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2012-0521. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., 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 for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State
submittal are available at the Delaware Department of Natural Resources
and Environmental Control, 89 Kings Highway, P.O. Box 1401, Dover,
Delaware 19903.
FOR FURTHER INFORMATION CONTACT: David Talley, (215) 814-2117, or by
email at talley.david@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On October 29, 2012 (77 FR 65518), EPA published a notice of
proposed rulemaking (NPR) for the State of Delaware. The NPR proposed
approval of revisions to Delaware's Prevention of Significant
Deterioration (PSD) program pertaining to the regulation of GHGs. The
formal SIP revision was submitted by Delaware on October 12, 2011 and
supplemented on August 9, 2012.
II. Summary of SIP Revision
This revision pertains to EPA's PSD permitting provisions relating
to GHGs as promulgated on June 3, 2010 in the Tailoring Rule (75 FR
31514). The SIP revision modifies Delaware's PSD program at 7 DE Admin.
Code 1125 to establish appropriate emission thresholds for determining
which new stationary sources and modifications become subject to
Delaware's PSD permitting requirements for their GHG emissions. Other
specific requirements of this SIP revision and the rationale for EPA's
proposed action are explained in the NPR and will not be restated here.
No public comments were received on the NPR.
III. Final Action
EPA is approving Delaware's October 12, 2011 and August 9, 2012
submissions as a revision to the Delaware SIP.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that 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 SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this 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 SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
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 April 29, 2013. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action 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 Delaware's GHG regulations may not be
challenged later
[[Page 13497]]
in proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: February 8, 2013.
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart I--Delaware
0
2. In Sec. 52.420, the table in paragraph (c) is amended by revising
the entry for Regulation 1125, Section 1.0 to read as follows:
Sec. 52.420 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations in the Delaware SIP
----------------------------------------------------------------------------------------------------------------
State
State regulation (7 DNREC 1100) Title/subject effective EPA approval date Additional explanation
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
1125 Requirements for Preconstruction Permitting
----------------------------------------------------------------------------------------------------------------
Section 1.0..................... General Provisions. 8/11/12 2/28/13 [Insert Added definitions of
page number where ``GHG'' and ``Subject
the document to Regulation'' under
begins]. Section 1.9. Note: In
section 1.9, the
previous SIP-approved
baseline dates for
sulfur dioxide,
particulate matter,
and nitrogen dioxide
in the definition of
``Baseline Date''
remain part of the
SIP.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2013-04143 Filed 2-27-13; 8:45 am]
BILLING CODE 6560-50-P
