65518 Federal Register / Vol. 77, No. 209 / Monday, October 29, 2012 / Proposed Rules 

6. Section 341.5 is revised to read as 

follows: 

§ 341.5 Cancellation of Tariffs. 

Carriers must cancel tariffs when the 

service or transportation movement is 

terminated. If the service in connection 

with the tariff is no longer in interstate 

commerce, the tariff publication must so 

state. Carrier must file such 

cancellations within 30 days of the 

termination of service. 

7. Section 341.6 is revised to read as 

follows: 

§ 341.6 Adoption of the tariff by a 

successor. 

Whenever the tariff(s) of a carrier on 

file with the Commission are to be 

adopted by another carrier as a result of 

an acquisition, merger, or name change, 

the succeeding company must file with 

the Commission, and post within 30 

days after such succession, a tariff in the 

electronic format required by § 341.1 

bearing the name of the successor 

company. 

8. Section 341.7 is revised to read as 

follows: 

§ 341.7 Concurrences. 

Concurrences must be shown in the 

carriers’ tariff and maintained consistent 

with the requirements of Part 341 of this 

chapter. 

9. Amend § 341.9 by: 

a. In paragraph (a) introductory text, 

revise the first sentence ; 

b. Adding paragraph (a)(5) ; 

c. Removing paragraphs (b), (c), (d) 

and (f); and 

d. Redesignating paragraph (e) as 

paragraph (b) and revising it. 

The revisions and addition read as 

follows: 

§ 341.9 Index of tariffs. 

(a) Each carrier with more than two 

tariffs or concurrences must post on its 

public Web site a complete index of all 

effective tariffs to which it is a party, 

either as an initial, intermediate, or 

delivering carrier. * * * 

* * * * * 

(5) Product Shipped and Origin. Each 

index must identify, for each tariff, the 

product being shipped and the origin 

and destination points for that product. 

(b) Updates. The index of tariffs must 

be updated within 90 days of any 

change to an effective tariff. 

§ 341.11 [Amended] 

10. In section 341.11 remove the 

second sentence in paragraph (b). 

§ 341.13 [Amended] 

11. In section 341.13, remove the 

second sentence in paragraph (c). 

[FR Doc. 2012–26142 Filed 10–26–12; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0521; FRL–9745–4] 

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: Proposed rule. 

SUMMARY: EPA is proposing to approve 

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: Written comments must be 

received on or before November 28, 

2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2012–0521 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: cox.kathleen@epa.gov. 

C. Mail: EPA–R03–OAR–2012–0521, 

Kathleen Cox, Associate Director, Office 

of Permits and Air Toxics, Mailcode 

3AP10, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2012– 

0521. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., 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 in www.regulations.gov or 

in hard copy 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: 

Throughout this document, whenever 

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

EPA. On October 12, 2011, DNREC 

submitted a proposed revision to the 

Delaware SIP. The revision is to 7 DE 

Admin. Code 1125—Requirements for 

Preconstruction Review. The 

amendments incorporate 

preconstruction permitting 

requirements for GHG sources 

consistent with federal requirements. 

I. Background 

On October 12, 2011, DNREC 

submitted a revision to EPA for 

approval into the Delaware SIP to 

establish appropriate emission 

thresholds for determining which new 

or modified stationary sources are 


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Federal Register / Vol. 77, No. 209 / Monday, October 29, 2012 / Proposed Rules 65519 

1The Tailoring Rule also applies to the title V 

program, which requires operating permits for 

existing sources. However, today’s action does not 

affect Delaware’s title V program. 

subject to Delaware’s Prevention of 

Significant Deterioration (PSD) 

permitting requirements for GHG 

emissions. Subsequent to that submittal, 

it was discovered that Delaware’s 

proposed revision contained an error 

which would have inadvertently and 

incorrectly limited the circumstances 

under which a source could trigger PSD 

requirements for GHG emissions. 

Delaware initiated steps to undertake 

rulemaking action to correct the error, 

and on August 9, 2012, submitted a 

formal supplement to the October 12, 

2011 SIP submittal. The supplement 

contained the corrected text of 7 DE 

Admin. Code 1125. Final approval of 

Delaware’s October 12, 2011 SIP 

revision will put in place the GHG 

emission thresholds for PSD 

applicability set forth in EPA’s 

‘‘Prevention of Significant Deterioration 

and Title V Greenhouse Gas Tailoring 

Rule,’’ (the Tailoring Rule) Final Rule, 

75 FR 31514 (June 3, 2010), ensuring 

that smaller GHG sources emitting less 

than these thresholds are not subject to 

permitting requirements.1 Pursuant to 

section 110 of the CAA, EPA is 

proposing to approve this revision into 

the Delaware SIP. 

Today’s proposed action on the 

Delaware SIP generally relates to four 

federal rulemaking actions. The first 

rulemaking action is EPA’s Tailoring 

Rule. The second rulemaking action is 

EPA’s ‘‘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,’’ Proposed Rule (GHG SIP 

Call), 75 FR 53892 (September 2, 2010). 

The third rulemaking action is EPA’s 

‘‘Action to Ensure Authority to Issue 

Permits Under the Prevention of 

Significant Deterioration Program to 

Sources of Greenhouse Gas Emissions: 

Federal Implementation Plan,’’ 

Proposed Rule, 75 FR 53883 (September 

2, 2010) (GHG FIP), which serves as a 

companion rulemaking action to EPA’s 

proposed GHG SIP Call. The fourth 

rulemaking action is the ‘‘Limitation of 

Approval of Prevention of Significant 

Deterioration Provisions Concerning 

Greenhouse Gas Emitting-Sources in 

State Implementation Plans’’ 75 FR 

82536 (Narrowing Rule) (December 30, 

2010). A summary of each of these 

rulemaking actions is provided below. 

In the first rulemaking action, the 

Tailoring Rule, EPA established 

appropriate GHG emission thresholds 

for determining the applicability of PSD 

requirements to GHG-emitting sources. 

In the second rulemaking action, the 

GHG SIP Call, EPA found that the EPAapproved PSD programs in 13 States 

(not including Delaware) were 

substantially inadequate to meet CAA 

requirements because they did not 

appear to apply PSD requirements to 

GHG-emitting sources. For each of these 

States, EPA proposed to require the 

State (through a ‘‘SIP Call’’) to revise its 

SIP as necessary to correct such 

inadequacies. EPA proposed an 

expedited schedule for these States to 

submit their SIP revision, in light of the 

fact that as of January 2, 2011, certain 

GHG-emitting sources were subject to 

the PSD requirements and may not have 

been able to obtain a PSD permit in 

order to construct or modify. In the 

third rulemaking action, the GHG FIP, 

EPA issued a FIP to apply in any state 

that was unable to submit, by its 

deadline, a SIP revision to ensure that 

the state had authority to issue PSD 

permits for GHG-emitting sources. 

Because Delaware already had authority 

to regulate GHGs, Delaware is only 

seeking to revise its SIP to put in place 

the GHG emission thresholds for PSD 

applicability set forth in EPA’s Tailoring 

Rule, thereby ensuring that smaller GHG 

sources emitting less than these 

thresholds are not subject to permitting 

requirements for sources of GHG. In the 

Narrowing Rule, EPA limited its 

approval of those states’ programs 

which had the authority to regulate 

GHG’s, but lacked a vehicle to limit 

applicability to the higher thresholds 

established by the Tailoring Rule. 

For a detailed discussion of GHGs and 

GHG-emitting sources, the CAA PSD 

program, minimum SIP elements for a 

PSD program, and EPA’s recent actions 

regarding GHG permitting, the 

relationship between the proposed 

Delaware SIP revision and EPA’s other 

national rulemakings, as well as EPA’s 

analysis of Delaware’s SIP revision, refer 

to the Technical Support Document in 

the docket for this action which can be 

found at www.regulations.gov (Docket 

No. EPA–R03–OAR–2012–0521). 

II. EPA’s Analysis of Delaware’s SIP 

Revision 

On October 12, 2011, DNREC 

submitted a proposed revision to 

Delaware’s SIP to EPA for approval. The 

revision is to 7 DE Admin. Code 1125— 

Requirements for Preconstruction 

Review. 

On July 29, 2010, Delaware provided 

a letter to EPA with confirmation that 

the state not only had the authority to 

regulate GHG in its PSD and title V 

programs, but could also interpret the 

term ‘‘subject to regulation’’ consistent 

with the Tailoring Rule. Nevertheless, 

Delaware undertook rulemaking to 

explicitly incorporate the Tailoring Rule 

thresholds into their PSD program. 

Delaware’s October 12, 2011, proposed 

SIP revision establishes thresholds for 

determining which stationary sources 

and modification projects become 

subject to permitting requirements for 

GHG emissions under Delaware’s PSD 

program. 

The changes to Delaware’s PSD 

program regulations at 7 DE Admin. 

Code 1125 are substantively the same as 

the federal provisions amended in 

EPA’s Tailoring Rule. As part of its 

review of the Delaware submittal, EPA 

performed a line-by-line review of 

Delaware’s proposed revisions and has 

preliminarily determined that they are 

consistent with the Tailoring Rule. The 

August 9, 2012 revision that was 

formally submitted as a supplement to 

the October 12, 2011 submittal 

addresses an error in the definition of 

‘‘Subject to Regulation’’ at 7 DE Admin. 

Code 1125, section 1.9—Definitions. 

The definition as originally submitted 

would have inappropriately limited the 

circumstances under which a facility 

can trigger PSD review for its GHG 

emissions. The proposed revision to the 

definition submitted in the August 9, 

2012 supplement appropriately mirrors 

the federal requirements. These changes 

to Delaware’s regulations are also 

consistent with section 110 of the CAA 

because they are incorporating GHGs for 

regulation in the Delaware SIP. 

III. Proposed Action 

Pursuant to section 110 of the CAA, 

EPA is proposing to approve Delaware’s 

October 12, 2011, SIP revision (as 

amended by the August 9, 2012 

supplement), relating to PSD 

requirements for GHG-emitting sources. 

Specifically, Delaware’s October 12, 

2011, proposed SIP revision establishes 

appropriate emissions thresholds for 

determining PSD applicability to new 

and modified GHG-emitting sources in 

accordance with EPA’s Tailoring Rule. 

EPA has made the preliminary 

determination that this SIP revision is 

approvable because it is in accordance 

with the CAA and EPA regulations 

regarding PSD permitting for GHGs. 

EPA is soliciting public comments on 

our proposed approval of the revisions 

to the Delaware SIP. These comments 

will be considered before taking final 

action. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 


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65520 Federal Register / Vol. 77, No. 209 / Monday, October 29, 2012 / Proposed Rules 

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 CAA. Accordingly, this proposed 

action merely approves the State’s law 

as meeting federal requirements and 

does not impose additional 

requirements beyond those imposed by 

the State’s law. For that reason, this 

proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed SIP 

revision pertaining to greenhouse gas 

permitting 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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

Dated: October 10, 2012. 

W.C. Early, 

Acting, Regional Administrator, Region III. 

[FR Doc. 2012–26522 Filed 10–26–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0608; FRL–9745–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Amendments to West 

Virginia’s Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA proposes to approve the 

State Implementation Plan (SIP) 

revision submitted by the State of West 

Virginia for the purpose of establishing 

amendments to Legislative Rule, 45 CSR 

8—Ambient Air Quality Standards. In 

the Final Rules section of this Federal 

Register, EPA is approving the State’s 

SIP submittal as a direct final rule 

without prior proposal because EPA 

views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this action, no 

further activity is contemplated. If EPA 

receives adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

DATES: Comments must be received in 

writing by November 28, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2012–0608 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: khadr.asrah@epa.gov. 

C. Mail: EPA–R03–OAR–2012–0608, 

Donna Mastro, Acting Associate 

Director, Office of Air Program 

Planning, Mailcode 3AP30, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2012– 

0608. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at www.

regulations.gov, including any personal 

information provided, unless the 

comment includes information claimed 

to be Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. Do 

not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the 

electronic docket are listed in the www.

regulations.gov index. Although listed 

in the index, some information is not 

publicly available, i.e., 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 in www.regulations.gov or 

in hard copy during normal business 

hours at the Air Protection Division, 


rmajette on DSK2TPTVN1PROD with