37752 Federal Register / Vol. 78, No. 121 / Monday, June 24, 2013 / Proposed Rules 

CARB on November 14, 2011, as 

supplemented on April 24, 2013, 

satisfies the attainment contingency 

measure requirement in CAA section 

172(c)(9) for the 1997 PM2.5 NAAQS in 

the South Coast nonattainment area, and 

to fully approve this submission into the 

California SIP. Simultaneously, we are 

proposing to conclude that the RFP 

contingency measure requirement in 

CAA section 172(c)(9) for the 2012 

milestone year is moot as applied to the 

South Coast because the area achieved 

its emission reduction benchmarks for 

the 2012 RFP year. 

Final approval of the Contingency 

Measures SIP, as supplemented, would 

correct the deficiencies that were the 

basis for EPA’s partial disapproval of 

the South Coast PM2.5 SIP on November 

9, 2011 (76 FR 69928) and would, 

therefore, terminate the CAA section 

179(b) sanctions clocks triggered by that 

action and the obligation on EPA to 

promulgate a FIP within two years of 

that action. 

EPA will accept public comments on 

this proposal for the next 30 days. 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act 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 Clean Air Act. 

Accordingly, this proposed action 

merely proposes to approve State law as 

meeting Federal requirements 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 Clean Air Act; 

and 

• does not provide EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, and legally permissible 

methods under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed action 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Incorporation by reference, 

Nitrogen dioxide, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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

Dated: June 12, 2013. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2013–14918 Filed 6–21–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2013–0417; FRL–9827–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Rescission of Federal Implementation 

Plan; Wyoming; Prevention of 

Significant Deterioration; Greenhouse 

Gas Tailoring Rule Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions and additions to the Wyoming 

State Implementation Plan (SIP) 

submitted by the Wyoming Department 

of Environmental Quality (WDEQ) to 

EPA on March 8, 2013. The proposed 

SIP revision to the Wyoming Prevention 

of Significant Deterioration (PSD) 

program updates the program to regulate 

permitting of sources of greenhouse 

gases (GHGs). Specifically, we propose 

to approve revisions to Chapter 1, 

Common Provisions, Section 3, 

Definitions, and Chapter 6, Permitting 

Requirements, Section 4, Prevention of 

Significant Deterioration, and the 

addition of Chapter 1, Section 7, 

Greenhouse Gases. The March 8, 2013 

proposed SIP revision to the Wyoming 

PSD program establishes emission 

thresholds for determining which new 

stationary sources and modifications to 

existing stationary sources become 

subject to Wyoming’s PSD permitting 

requirements for their GHG emissions. 

The March 8, 2013 proposed SIP 

revision also defers until July 21, 2014 

application of the PSD permitting 

requirements to biogenic carbon dioxide 

emissions from bioenergy and other 

biogenic stationary sources. EPA is 

proposing to approve the March 8, 2013 

SIP revision to the Wyoming PSD 

permitting program as being consistent 

with federal requirements for PSD 

permitting. EPA is also proposing to 

rescind the GHG PSD Federal 

Implementation Plan (FIP) for Wyoming 

that was put in place to ensure the 

availability of a permitting authority for 

GHG PSD permitting in Wyoming, 

which would be effective upon final 

approval of the March 8, 2013 PSD SIP 

revision. EPA is proposing this action 

under section 110 and part C of the 

Clean Air Act (the Act or CAA). 

DATES: Comments must be received on 

or before July 24, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2013–0417, by one of the 

following methods: 

• Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Email: ostendorf.jody@epa.gov 

• Fax: (303) 312–6064 (please alert 

the individual listed in the FOR FURTHER

INFORMATION CONTACT if you are faxing 

comments). 

• Mail: Carl Daly, Director, Air 

Program, Environmental Protection 

Agency (EPA), Region 8, Mailcode 8P– 

AR, 1595 Wynkoop St., Denver, 

Colorado 80202–1129. 

• Hand Delivery: Carl Daly, Director, 

Air Program, Environmental Protection 

Agency (EPA), Region 8, Mailcode 8P– 

AR, 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 

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1 ‘‘Endangerment and Cause or Contribute 

Findings for Greenhouse Gases Under Section 

202(a) of the Clean Air Act.’’ 74 FR 66496 

(December 15, 2009). 

2 ‘‘Interpretation of Regulations that Determine 

Pollutants Covered by Clean Air Act Permitting 

Programs.’’ 75 FR 17004 (April 2, 2010). 

3 ‘‘Light-Duty Vehicle Greenhouse Gas Emission 

Standards and Corporate Average Fuel Economy 

Standards; Final Rule.’’ 75 FR 25324 (May 7, 2010). 

4Prevention of Significant Deterioration and Title 

V Greenhouse Gas Tailoring Rule; Final Rule.’’ 75 

FR 31514 (June 3, 2010). 

Federal holidays. Special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R08–OAR–2013– 

0417. 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 

the disclosure of which is restricted by 

statute. Do not submit information 

through http://www.regulations.gov or 

email, if you believe that it is CBI or 

otherwise protected from disclosure. 

The http://www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means that 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 http://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 along with any disk or CD– 

ROM submitted. 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 and any form of encryption 

and should 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 Air 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: Jody 

Ostendorf, Air Program, Mailcode 8P– 

AR, Environmental Protection Agency 

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

Denver, Colorado 80202–1129, (303) 

312–7814, ostendorf.jody@epa.gov 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. Information is organized as 

follows: 

Table of Contents 

I. Background for Our Proposed Action 

A. History of EPA’s GHG-Related Actions 

B. EPA’s Biomass Deferral Rule 

II. History of State Submittals 

III. EPA’s Analysis of the State’s Submittal 

IV. Proposed Action 

V. Statutory and Executive Order Reviews 

I. Background for Our Proposed Action 

Clean Air Act (CAA) section 

110(a)(2)(C) requires states to develop 

and submit to EPA for approval into the 

state SIP preconstruction review and 

permitting programs applicable to 

certain new and modified stationary 

sources of air pollutants. There are three 

separate programs: Prevention of 

Significant Deterioration (PSD), 

Nonattainment New Source Review 

(NNSR), and Minor NSR. The PSD 

program is established in part C of title 

I of the CAA and applies in areas that 

meet the National Ambient Air Quality 

Standards (NAAQS)—‘‘attainment 

areas’’—as well as areas where there is 

insufficient information to determine if 

the area meets the NAAQS— 

‘‘unclassifiable areas.’’ The NNSR 

program is established in part D of title 

I of the CAA and applies in areas that 

are not in attainment of the NAAQS— 

‘‘nonattainment areas.’’ The Minor NSR 

program (1) addresses construction or 

modification activities that do not emit, 

or have the potential to emit, beyond 

certain major source thresholds and 

thus do not qualify as ‘‘major’’ and (2) 

applies regardless of the designation of 

the area in which a source is located. 

EPA regulations governing the criteria 

that states must satisfy for EPA approval 

of the NSR programs as part of the SIP 

are contained in 40 CFR sections 

51.160—51.166. 

Wyoming submitted on March 8, 2013 

a collection of regulations for approval 

by EPA into the Wyoming SIP, 

including some regulations specific to 

the Wyoming PSD permitting program. 

The March 8, 2013 SIP submittal 

includes PSD permitting provisions that 

(1) Establish that GHG is a regulated 

pollutant under the PSD program, (2) 

establish emission thresholds for 

determining which new stationary 

sources and modification projects 

become subject to Wyoming’s PSD 

permitting requirements for their GHG 

emissions consistent with the ‘‘PSD and 

Title V Greenhouse Gas Tailoring Final 

Rule’’ (75 FR 31514) hereafter referred 

to as the ‘‘Tailoring Rule’’, and (3) defer 

the application of the PSD requirements 

to biogenic carbon dioxide emissions 

from bioenergy and other biogenic 

stationary sources consistent with the 

EPA’s final rule ‘‘Deferral for CO2

Emissions from Bioenergy and other 

Biogenic Sources under the Prevention 

of Significant Deterioration (PSD) and 

Title V Programs’’ (76 FR 43490). More 

details of the submittal are provided in 

sections II and III below. 

Today’s proposed action presents our 

rationale for approving these regulations 

as meeting the minimum federal 

requirements for the adoption and 

implementation of the PSD SIP 

permitting programs. In addition, 

Wyoming is currently subject to the 

GHG PSD FIP at 40 CFR 52.37(b)(2). See 

75 FR 82246, December 10, 2010. We 

are also proposing to rescind the GHG 

PSD FIP for Wyoming when we approve 

Wyoming’s submittal. 

A. History of EPA’s GHG-Related 

Actions 

This section briefly summarizes EPA’s 

recent GHG-related actions that provide 

the background for this action. Please 

see the preambles for the identified 

GHG-related rulemakings for more 

information. 

Beginning in 2010, EPA undertook a 

series of actions pertaining to the 

regulation of GHGs that established the 

overall framework for today’s final 

action on the Wyoming SIP. These 

actions include, as they are commonly 

called, the ‘‘Endangerment Finding’’ 

and ‘‘Cause or Contribute Finding,’’ 

which EPA issued in a single final 

action,1 the ‘‘Johnson Memo 

Reconsideration,’’ 2 the ‘‘Light-Duty 

Vehicle Rule,’’ 3 and the ‘‘Tailoring 

Rule.’’ 4 Taken together and in 

conjunction with the CAA, these actions 

established regulatory requirements for 

GHGs emitted from new motor vehicles 

and new motor vehicle engines; 

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5 ‘‘Action To Ensure Authority To Issue Permits 

Under the Prevention of Significant Deterioration 

Program to Sources of Greenhouse Gas Emissions: 

Finding of Substantial Inadequacy and SIP Call,’’ 75 

FR 77698 (Dec. 13, 2010). 

6 ‘‘Action To Ensure Authority To Issue Permits 

Under the Prevention of Significant Deterioration 

Program to Sources of Greenhouse Gas Emissions: 

Finding of Failure To Submit State Implementation 

Plan Revisions Required for Greenhouse Gases,’’ 75 

FR 81874 (December 29, 2010). 

7 ‘‘Action To Ensure Authority To Issue Permits 

Under the Prevention of Significant Deterioration 

Program to Sources of Greenhouse Gas Emissions: 

Federal Implementation Plan,’’ 75 FR 82246 

(December 30, 2010). Because Wyoming did not 

submit by the established deadline, a corrective SIP 

revision to apply their Clean Air Act PSD program 

to sources of GHGs, Wyoming is subject to the GHG 

PSD FIP. 

8 ‘‘Limitation of Approval of Prevention of 

Significant Deterioration Provisions Concerning 

Greenhouse Gas Emitting Sources in State 

Implementation Plans,’’ 75 FR 82536 (December 30, 

2010). The GHG PSD SIP Narrowing Rule does not 

apply to Wyoming because the GHG PSD FIP is in 

place. 

determined that such regulations, when 

they took effect on January 2, 2011, 

subjected GHGs emitted from stationary 

sources to PSD requirements; and 

limited the applicability of PSD 

requirements to GHG sources on a 

phased-in basis. EPA took this last 

action in the Tailoring Rule, which, 

more specifically, established 

appropriate GHG emission thresholds 

for determining the applicability of PSD 

requirements to GHG-emitting sources. 

In December 2010, EPA promulgated 

several rules to implement the new GHG 

PSD SIP program. Recognizing that 

some states had approved SIP PSD 

programs that did not apply PSD to 

GHGs, EPA issued a SIP call on 

December 13, 2010, that would require 

those states to submit a SIP revision 

providing such authority.5 The State of 

Wyoming, along with several other 

states, did not submit a corrective SIP 

revision to apply their CAA PSD 

programs to sources of GHG emissions 

by the established deadline. EPA 

published a finding of failure to submit 

the required SIP revision by the 

specified deadline and then 

promulgated the GHG PSD FIP to ensure 

the availability of a permitting authority 

for GHG emitting sources in Wyoming 

and the other states.6 7

At the same time, EPA recognized that 

many other states had approved SIP 

PSD programs that do apply PSD to 

GHGs, but that do so for sources that 

emit as little as 100 or 250 tons per year 

(tpy) of GHG, and that do not limit PSD 

applicability to GHGs to the higher 

thresholds in the Tailoring Rule. 

Therefore, EPA issued the GHG PSD SIP 

Narrowing Rule,8 under which, EPA 

converted its previous full approval of 

the affected SIPs to a partial approval 

and partial disapproval, to the extent 

those SIPs covered GHG-emitting 

sources below the Tailoring Rule 

thresholds. EPA based its action 

primarily on the ‘‘error correction’’ 

provisions of CAA section 110(k)(6). 

Many of those states have since 

submitted SIP revisions that have 

established the Tailoring Rule 

thresholds, and EPA has approved those 

SIP revisions and rescinded the partial 

disapprovals. 

B. EPA’s Biomass Deferral Rule 

On July 20, 2011, EPA promulgated 

the final ‘‘Deferral for CO2 Emissions 

from Bioenergy and other Biogenic 

Sources Under the Prevention of 

Significant Deterioration (PSD) and Title 

V Programs’’ (Biomass Deferral Rule). 

Following is a brief discussion of the 

deferral. For a full discussion of EPA’s 

rationale for the rule, see the notice of 

final rulemaking at 76 FR 43490. 

The biomass deferral delays until July 

21, 2014 the consideration of Carbon 

Dioxide (CO2) emissions from bioenergy 

and other biogenic sources (hereinafter 

referred to as ‘‘biogenic CO2 emissions’’) 

when determining whether a stationary 

source meets the PSD and Title V 

applicability thresholds, including those 

for the application of Best Available 

Control Technology (BACT). As with 

the Tailoring Rule, the Biomass Deferral 

addresses both PSD and Title V 

requirements. However, EPA is taking 

action on only Wyoming’s PSD program 

as part of this action. Stationary sources 

that combust biomass (or otherwise emit 

biogenic CO2 emissions) and construct 

or modify during the deferral period 

will avoid the application of PSD to the 

biogenic CO2 emissions resulting from 

those actions. The deferral applies only 

to biogenic CO2 emissions and does not 

affect non-GHG pollutants or other 

GHGs (e.g., methane (CH4) and nitrous 

oxide (N2O)) emitted from the 

combustion of biomass fuel. Also, the 

deferral only pertains to biogenic CO2

emissions in the PSD and Title V 

programs and does not pertain to any 

other EPA programs such as the GHG 

Reporting Program. Biogenic CO2

emissions are defined as emissions of 

CO2 from a stationary source directly 

resulting from the combustion or 

decomposition of biologically-based 

materials other than fossil fuels and 

mineral sources of carbon. Examples of 

‘‘biogenic CO2 emissions’’ include, but 

are not limited to: 

• CO2 generated from the biological 

decomposition of waste in landfills, 

wastewater treatment or manure 

management processes; 

• CO2 from the combustion of biogas 

collected from biological decomposition 

of waste in landfills, wastewater 

treatment or manure management 

processes; 

• CO2 from fermentation during 

ethanol production or other industrial 

fermentation processes; 

• CO2 from combustion of the 

biological fraction of municipal solid 

waste or biosolids; 

• CO2 from combustion of the 

biological fraction of tire-derived fuel; 

and 

• CO2 derived from combustion of 

biological material, including all types 

of wood and wood waste, forest residue, 

and agricultural material. 

The three-year deferral period was put 

in place as a temporary measure, to 

allow time for EPA to complete its 

science and technical review and 

promulgate any follow-on rulemakings 

based on EPA’s conclusions concerning 

the proper treatment of biogenic CO2

emissions in the PSD and Title V 

programs. In the event that EPA takes 

action that supersedes the biomass 

deferral in fewer than three years, 

Wyoming should revise its SIP 

accordingly. 

For stationary sources co-firing fossil 

fuel and biologically-based fuel, and/or 

combusting mixed fuels (e.g., tire 

derived fuels, municipal solid waste 

(MSW)), the biogenic CO2 emissions 

from that combustion are included in 

the biomass deferral. However, the fossil 

CO2 emissions are not. Emissions of CO2

from processing of mineral feedstocks 

(e.g., calcium carbonate) are also not 

included in the deferral. Various 

methods are available to calculate both 

the biogenic and fossil portions of CO2

emissions, including those methods 

contained in the GHG Reporting 

Program (40 CFR Part 98). Consistent 

with the other pollutants in PSD and 

Title V, there are no requirements to use 

a particular method in determining 

biogenic and fossil CO2 emissions. 

EPA’s final biomass deferral rule is an 

interim deferral for biogenic CO2

emissions only and does not relieve 

sources of the obligation to meet the 

PSD and Title V permitting 

requirements for other pollutant 

emissions that are otherwise applicable 

to the source during the deferral period 

or that may be applicable to the source 

at a future date pending the results of 

EPA’s study and subsequent rulemaking 

action. This means, for example, that if 

the deferral is applicable to biogenic 

CO2 emissions from a particular source 

during the three-year effective period 

and the study and future rulemaking do 

not provide for a permanent exemption 

from PSD and Title V permitting 

requirements for the biogenic CO2

emissions from a source with particular 

characteristics, then the deferral would 

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end for that type of source and its 

biogenic CO2 emissions would have to 

be appropriately considered in any 

applicability determinations that the 

source may need to conduct for future 

stationary source permitting purposes, 

consistent with that subsequent 

rulemaking and the Final Tailoring Rule 

(e.g., a major source determination for 

Title V purposes or a major modification 

determination for PSD purposes). 

EPA also wishes to clarify that we did 

not require that a PSD permit issued 

during the deferral period be amended 

or that any PSD requirements in a PSD 

permit existing at the time the deferral 

took effect, such as BACT limitations, be 

revised or removed from an effective 

PSD permit for any reason related to the 

deferral or when the deferral period 

expires. Section 52.21(w) of 40 CFR 

requires that any PSD permit shall 

remain in effect, unless and until it 

expires or it is rescinded, under the 

limited conditions specified in that 

provision. Thus, a PSD permit that is 

issued to a source while the deferral was 

effective need not be reopened or 

amended if the source is no longer 

eligible to exclude its biogenic CO2

emissions from PSD applicability after 

the deferral expires. However, if such a 

source undertakes a modification that 

could potentially require a PSD permit 

and the source is not eligible to 

continue excluding its biogenic CO2

emissions after the deferral expires, the 

source will need to consider its biogenic 

CO2 emissions in assessing whether it 

needs a PSD permit to authorize the 

modification. 

Any future actions to modify, shorten, 

or make permanent the deferral for 

biogenic sources are beyond the scope 

of the biomass deferral action and this 

proposed approval of the deferral into 

the Wyoming SIP, and will be addressed 

through subsequent rulemaking. The 

results of EPA’s ongoing review of the 

science related to net atmospheric 

impacts of biogenic CO2 are incomplete. 

The framework to properly account for 

such emissions in Title V and PSD 

permitting programs based on the study 

is also incomplete. Thus, we are unable 

to determine which biogenic CO2

sources currently subject to the deferral 

would be subject to any permanent 

exemptions, or would be potentially 

required to account for their emissions 

after a future rulemaking by EPA. Once 

EPA has taken any future rulemaking, 

Wyoming should address related 

revisions to its SIP. 

II. History of State Submittals 

As noted, on June 3, 2010, EPA 

promulgated the Tailoring Rule, setting 

out requirements for application of PSD 

to emissions sources of GHGs. 

Previously, updates to Wyoming’s PSD 

permit program had been most recently 

approved by EPA on July 16, 2008. As 

described in our notice of approval (73 

FR 40750), Wyoming’s PSD program at 

that date met the general requirements 

of CAA section 110(a)(2)(C). 

On December 13, 2010, EPA 

published a finding of substantial 

inadequacy and a SIP call for 13 states 

and localities, including Wyoming, on 

the basis, as described above, that the 

states’ SIP-approved PSD programs did 

not apply PSD to GHG-emitting sources 

as required. EPA included Wyoming on 

the basis of comments from Wyoming 

that state law (specifically, Wyoming 

Statutes section 35–11–213) prevented it 

from revising its SIP to incorporate the 

GHG provisions of the Tailoring Rule. 

Seven of those states, including 

Wyoming, received a deadline of 

December 22, 2010 to submit the 

required SIP revisions, after indicating 

that they would not oppose EPA’s 

imposition of that deadline. On 

December 29, 2010, EPA published a 

finding that Wyoming and the other six 

states had failed to submit the required 

SIP revisions (75 FR 81874). Finally, on 

December 30, 2010, EPA published a 

FIP for Wyoming and the other six states 

to ensure that PSD permits for sources 

emitting GHGs could be issued and that 

incorporated the Tailoring Rule 

thresholds (75 FR 82246). EPA made 

clear in the SIP call and FIP 

rulemakings that the purpose of the 

rulemakings and their expedited 

schedules was to ensure that GHGemitting sources in the affected states 

would have available a permitting 

authority to act on the GHG PSD permit 

applications by the January 2, 2011 date 

that GHGs became subject to PSD. EPA 

also emphasized that its ‘‘overarching 

goal is to assure that in every instance, 

it will be the state that will be the 

permitting authority,’’ and that as a 

result, EPA sought to return permitting 

authority to the states as soon as 

possible. 75 FR at 77717 (SIP call final 

rule). 

Since then, Wyoming’s Legislature 

has twice amended Wyoming Statutes 

section 35–11–213 to allow for 

regulation of GHGs. First, during the 

2012 legislative session, the Wyoming 

Legislature directed the Wyoming DEQ 

and the Wyoming Environmental 

Quality Council to ‘‘adopt regulations to 

amend Wyoming’s Clean Air Act state 

implementation plan and Wyoming’s 

Title V operating permit program to the 

extent necessary to obtain state primacy 

over the regulation of greenhouse gases 

by the U.S. EPA.’’ Then, during the 2013 

legislative session, the Wyoming 

Legislature authorized the Wyoming 

DEQ to ‘‘submit an amended state 

implementation plan providing for 

regulation of greenhouse gases to the 

U.S. EPA for approval.’’ Once the 

second bill was signed into law, 

Wyoming’s rule revisions for its PSD 

program became effective on February 

14, 2013. Wyoming DEQ submitted the 

revisions to EPA on March 8, 2013. 

III. EPA’s Analysis of the State’s 

Submittal 

Wyoming has adopted and submitted 

regulations that are substantively 

similar to the federal requirements for 

the permitting of GHG-emitting sources 

subject to PSD. We propose to conclude 

that the revisions are consistent with the 

requirements of 40 CFR 51.166, in 

particular requirements set out in EPA’s 

final GHG Tailoring Rule, and that the 

revisions should be approved into 

Wyoming’s SIP. 

Section 3 of Chapter 1, Common 

Provisions, was revised to add a 

definition of ‘‘greenhouse gases 

(GHGs).’’ This definition is used in new 

Section 7, Greenhouse Gases, to specify 

that preconstruction permits for GHGs 

are only required under the PSD 

permitting program, thus exempting 

minor sources from GHG permitting. 

Section 4 of Chapter 6, Permitting 

Requirements, was modified to establish 

thresholds for permitting of GHGs under 

the PSD program. Definitions for the 

terms ‘‘GHGs,’’ ‘‘emissions increase’’ 

and ‘‘tpy CO2 equivalent emissions 

(CO2e)’’ with exclusions for biogenic 

sources, were added to this section. 

Applicability thresholds for several 

different types of permitting scenarios 

were also added. Changes were made to 

the PSD definition of ‘‘Major source’’ to 

avoid triggering applicability for minor 

sources. Chapter 6, Section 14, 

Incorporation by Reference was revised 

to generally incorporate by reference 

federal regulations, such as PSD and 

NSR, as published on July 1, 2010, with 

the exception of references to GHGrelated regulations that were published 

after that date. 

Wyoming organized its revisions to its 

PSD program somewhat differently than 

EPA’s Tailoring Rule revisions to 40 

CFR 51.166. In particular, Wyoming did 

not define the term ‘‘subject to 

regulation’’; instead Wyoming 

separately defined the term ‘‘greenhouse 

gases.’’ In the definition of ‘‘greenhouse 

gases,’’ Wyoming established thresholds 

for application of PSD to sources of 

GHGs that are consistent with the 

thresholds established in the Tailoring 

Rule. In particular, within the definition 

of ‘‘greenhouse gases,’’ Wyoming 

provided a definition of ‘‘tpy CO2

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37756 Federal Register / Vol. 78, No. 121 / Monday, June 24, 2013 / Proposed Rules 

equivalent emissions’’ and a modified 

definition of ‘‘emissions increase’’ 

consistent with the use of those terms in 

40 CFR 51.166(b)(48)(ii) and (iii). 

Wyoming also modified the definition 

of ‘‘major stationary source’’ to directly 

account for sources of GHGs. The net 

effect of Wyoming’s approach is that, if 

a new pollutant (other than GHGs) 

becomes subject to regulation under the 

definition of ‘‘subject to regulation’’ in 

40 CFR 51.166(b)(48), Wyoming must 

update its PSD program again to reflect 

the requirement to regulate that new 

pollutant. However, Wyoming’s SIP 

revision is consistent with current 

requirements for PSD programs. 

We also propose to conclude that the 

revisions appropriately defer the 

applicability of the Tailoring Rule 

thresholds for biogenic CO2 emissions 

from bioenergy and other biogenic 

stationary sources consistent with EPA’s 

Biomass Deferral Final Rule. The 

deferral is provided for in subsection 

(i)(C) of Wyoming’s definition of 

‘‘greenhouse gases.’’ 

Finally, we are not proposing action 

at this time on Wyoming’s revision to 

Chapter 6, Permitting Requirements, 

Section 14, Incorporation by Reference. 

The revision to this provision updates 

the date of incorporation by reference of 

federal Regulations, such as PSD and 

NSR, to July 1, 2010. Because this 

update applies throughout Chapter 6, it 

affects other portions of Chapter 6, 

including Wyoming’s pending May 11, 

2011 nonattainment NSR program 

submittal that we are not proposing to 

act on today. We intend to act on the 

March 8, 2013 revision to Chapter 6, 

Section 14 in tandem with our action on 

the May 11, 2011 submittal, in order to 

ensure that the update to the 

incorporation by reference date is 

applied to all pending submittals. The 

portions of the March 8, 2013 submittal 

we propose to act on today directly 

specify the version of the CFR to which 

they refer, so it is not necessary to act 

on the revision to Chapter 6, Section 14 

at this time. 

IV. Proposed Action 

EPA proposes to approve portions of 

the March 8, 2013 submittal for 

incorporation into the SIP. Specifically, 

EPA proposes to approve revisions to 

Chapter 1, Common Provisions, Section 

3, and Chapter 6, Permitting 

Requirements, Section 4, Prevention of 

Significant Deterioration, and the 

addition of Chapter 1, Common 

Provisions, Section 7, Greenhouse 

Gases. EPA has made the preliminary 

determination that these March 8, 2013 

revisions are approvable because they 

were adopted and submitted in 

accordance with the CAA and EPA 

regulations regarding PSD permitting for 

GHGs. We are not proposing at this time 

to act on the revision to Chapter 6, 

Permitting Requirements, Section 14, 

Incorporation by Reference. 

As explained in today’s proposed 

notice, Wyoming is currently subject to 

a FIP for PSD permitting of GHG 

emissions. This GHG PSD FIP remains 

in place, and EPA remains the PSD 

permitting authority for GHG-emitting 

sources in Wyoming, until EPA finalizes 

our proposed approval of the March 8, 

2013 submitted revision to the 

Wyoming SIP. At that point, the 

Wyoming SIP will contain a full GHG 

PSD program. We therefore propose that 

upon finalization of today’s SIP 

approval action, EPA will rescind the 

GHG PSD FIP for Wyoming. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act 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 Clean Air Act. Accordingly, this 

proposed action merely approves some 

state law as meeting federal 

requirements; it 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 Clean Air Act; 

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). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements, and Incorporation by 

reference. 

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

Dated: June 12, 2013. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

[FR Doc. 2013–15038 Filed 6–21–13; 8:45 am] 

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