13496 Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Rules and Regulations 

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 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Rules and Regulations 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] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

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: 

§ 52.420 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS IN THE DELAWARE SIP 

State regulation 

(7 DNREC 1100) Title/subject 

State 

effective 

date 

EPA approval date Additional explanation 

*******

1125 Requirements for Preconstruction Permitting 

Section 1.0 ..................... General Provisions ....... 8/11/12 2/28/13 [Insert page 

number where the 

document begins].

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. 

* * * * * * * 

* * * * * 

[FR Doc. 2013–04143 Filed 2–27–13; 8:45 am] 

BILLING CODE 6560–50–P 

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 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: 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. 

ADDRESSES: 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: 

I. Background 

On September 7, 2012 (77 FR 55171), 

EPA published a notice of proposed 

rulemaking (NPR) for the State of 

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 


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