30208 Federal Register / Vol. 78, No. 99 / Wednesday, May 22, 2013 / Rules and Regulations 

Amend By removing the reference to: And adding in its place: 

§ 1290.104(b) ............................................................................. part 243 ................................................ part 243 

§ 1290.104(b) ............................................................................. subparts ................................................ parts 

§ 1290.106(b) ............................................................................. subpart ................................................. part 

§ 1290.106(e) ............................................................................. subpart ................................................. part 

§ 1290.108 ................................................................................. subpart ................................................. part 

§ 1290.109(a) introductory text .................................................. subpart ................................................. part 

[FR Doc. 2013–11993 Filed 5–21–13; 8:45 am] 

BILLING CODE 4310–T2–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2011–0467; EPA–R05– 

OAR–2012–0538; FRL–9808–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Wisconsin; Prevention of Significant 

Deterioration Greenhouse Gas 

Tailoring and Biomass Deferral Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving revisions to 

the Wisconsin State Implementation 

Plan (SIP), submitted by the Wisconsin 

Department of Natural Resources 

(WDNR) to EPA on May 4, 2011, June 

20, 2012, and September 28, 2012. The 

revisions modify Wisconsin’s 

Prevention of Significant Deterioration 

(PSD) program to establish appropriate 

emission thresholds for determining 

which new stationary sources and 

modification projects become subject to 

Wisconsin’s PSD permitting 

requirements for their greenhouse gas 

(GHG) emissions. Additionally, these 

revisions defer until July 21, 2014, the 

application of the PSD permitting 

requirements to biogenic carbon dioxide 

(CO2) emissions from bioenergy and 

other biogenic stationary sources in the 

State of Wisconsin. EPA has made the 

preliminary determination that these 

revisions are in accordance with the 

Clean Air Act (CAA) and EPA 

regulations regarding PSD permitting for 

GHGs and is approving Wisconsin’s 

revisions. 

DATES: This final rule is effective on 

June 21, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2011–0467, or 

EPA–R05–OAR–2012–0538. All 

documents in the docket are listed in 

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 Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone Danny 

Marcus, Environmental Engineer, at 

(312) 353–8781 before visiting the 

Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Danny Marcus, Environmental Engineer, 

Air Permits Section, Air Programs 

Branch (AR–18J), Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 353–8781, 

marcus.danny@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This SUPPLEMENTARY INFORMATION

section is arranged as follows: 

I. What is being addressed by this document? 

II. What comments did we receive on the 

proposed rule? 

III. What action is EPA taking? 

IV. Statutory and Executive Order Reviews 

I. What is being addressed by this 

document? 

On December 28, 2012, at 77 FR 

76430, EPA proposed to approve into 

the state’s Federally-approved SIP 

regulatory additions that Wisconsin 

submitted which are consistent with the 

‘‘PSD and Title V Greenhouse Gas 

Tailoring; Final Rule,’’ 75 FR 31514 

(June 3, 2010) (The ‘‘Tailoring Rule’’), 

the ‘‘Limitation of Approval of 

Prevention of Significant Deterioration 

Provisions Concerning Greenhouse Gas 

Emitting-Sources in State 

Implementation Plans Final Rule,’’ 75 

FR 82536 (December 30, 2010) (The 

‘‘PSD SIP Narrowing Rule’’) and the 

‘‘Deferral for CO2 Emissions From 

Bioenergy and Other Biogenic Sources 

Under the Prevention of Significant 

Deterioration (PSD) and Title V 

Programs; Final Rule’’ 76 FR 43490, July 

20, 2011. 

These rules establish thresholds and 

time frames that ensure that smaller 

GHG sources emitting less than these 

thresholds will not be subject to PSD 

permitting requirements for the GHGs 

that they emit, and defer consideration 

of CO2 emissions from bioenergy and 

other biogenic sources (biogenic CO2

emissions) when determining whether 

the modification of a stationary source 

would result in a net emissions increase 

that would trigger PSD thresholds and 

would require the application of Best 

Available Control Technology. 

II. What comments did we receive on 

the proposed rule? 

EPA provided a 30-day review and 

comment period. The comment period 

closed on January 28, 2013. EPA 

received one comment supporting EPA’s 

approval of these revisions. EPA 

received no adverse comments. 

III. What action is EPA taking? 

EPA is approving Wisconsin’s May 4 

2011, June 20 2012, and September 28 

2012, SIP submittals. Specifically, EPA 

is approving revisions to chapters NR 

400.02 (74m); 400.03 (3) (om), and (4) 

(go) and (kg); 405.02 (28m); 405.07 (9) 

of the Wisconsin Administrative Code 

and Wisconsin State Statutes, Sections 

285.60(3m) and 285.63(3m) into the SIP. 

These revisions implement the Tailoring 

Rule and Deferral of CO2 emissions from 

biogenic sources. 

Because Wisconsin’s changes to its air 

quality regulations will incorporate the 

appropriate thresholds for GHG 

permitting applicability into its SIP, 

EPA is also amending 40 CFR 52.2572, 

to remove subsection (b), which is being 

replaced by the new rules that 

Wisconsin has submitted. The new rules 

are consistent with the Federal Tailoring 

Rule provisions, which limit the 

applicability of PSD to GHG-emitting 

sources below the Tailoring Rule 

thresholds. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 


pmangrum on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 78, No. 99 / Wednesday, May 22, 2013 / Rules and Regulations 30209 

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. 

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). 

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 July 22, 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 may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

and Reporting and recordkeeping 

requirements. 

Dated: April 22, 2013. 

Susan Hedman, 

Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

■ 2. Section 52.2570 is amended by 

adding paragraph (c)(126) to read as 

follows: 

§ 52.2570 Identification of plan. 

* * * * * 

(c) * * * 

(126) On May 4, 2011, June 20, 2012, 

and September 28, 2012, the Wisconsin 

Department of Natural Resources 

submitted a request to revise 

Wisconsin’s Prevention of Significant 

Deterioration (PSD) program to 

incorporate the ‘‘Tailoring Rule’’ and 

the Federal deferral for biogenic CO2

emissions into Wisconsin’s SIP. 

(i) Incorporation by reference. 

(A) Wisconsin Administrative Code, 

NR 400.02 Definitions. NR 400.02 (74m) 

‘‘Greenhouse gases’’ or ‘‘GHG’’, as 

published in the Wisconsin 

Administrative Register August 2011, 

No. 668, effective September 1, 2011. 

(B) Wisconsin Administrative Code, 

NR 400.03 Units and abbreviations. NR 

400.03(3)(om) ‘‘SF6’’, NR 400.03(4)(go) 

‘‘GHG’’, and NR 400.03(4)(kg) ‘‘PFC’’, as 

published in the Wisconsin 

Administrative Register August 2011, 

No. 668, effective September 1, 2011. 

(C) Wisconsin Administrative Code, 

NR 405.02 Definitions. NR 405.02(28m) 

‘‘Subject to regulation under the Act’’, 

as published in the Wisconsin 

Administrative Register August 2011, 

No. 668, effective September 1, 2011. 

(D) Wisconsin Administrative Code, 

NR 405.07 Review of major stationary 

sources and major modifications— 

source applicability and exemptions. 

NR 405.07(9), as published in the 

Wisconsin Administrative Register 

August 2011, No. 668, effective 

September 1, 2011. 

(E) Wisconsin Statutes, section 

285.60(3m) Consideration of Certain 

Greenhouse Gas Emissions, enacted on 

April 2, 2012, by 2011 Wisconsin Act 

171. 

(F) Wisconsin Statutes, section 

285.63(3m) Consideration of Certain 

Greenhouse Gas Emissions, enacted on 

April 2, 2012, by 2011 Wisconsin Act 

171. 

§ 52.2572 [Amended] 

■ 3. Section 52.2572 is amended by 

removing and reserving paragraph (b). 

[FR Doc. 2013–12094 Filed 5–21–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2011–0552; FRL–9780–9] 

Approval and Promulgation of 

Implementation Plans; Arizona; Motor 

Vehicle Inspection and Maintenance 

Programs 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve three revisions to the Arizona 

State Implementation Plan submitted by 

the Arizona Department of 

Environmental Quality. Two of these 

revisions relate to an amendment to 

Arizona’s vehicle emissions inspection 

program that exempts motorcycles in 

the Phoenix metropolitan area from 


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