22840 Federal Register / Vol. 78, No. 74 / Wednesday, April 17, 2013 / Proposed Rules 

exemptions, or which currently deferred 

sources could be potentially required to 

account for their emissions. 

Similar to our approach with the 

Tailoring Rule, EPA incorporated the 

biomass deferral into the regulations 

governing state programs and into the 

Federal PSD program by amending the 

definition of ‘‘subject to regulation’’ 

under 40 CFR 51.166 and 40 CFR 52.21 

respectively. Kansas implements its PSD 

program by incorporating section 52.21 

by reference in KAR 28–19–350. The 

Kansas submission incorporates by 

reference the (CFR) through July 1, 

2011, in order to adopt the Biomass 

Deferral. 

Based upon EPA’s analysis of the 

required provisions of the July 20, 2011 

Biomass Deferral rule and how Kansas 

meets these requirements, EPA is 

proposing to approve the March 1, 2013, 

Kansas SIP revision in order to adopt 

the Biomass Deferral. 

VIII. What action is EPA proposing? 

EPA proposes to approve the 

infrastructure SIP submissions from 

Kansas which address the requirements 

of CAA sections 110(a)(1) and (2) as 

applicable to the 1997 and 2006 NAAQS 

for PM2.5. Based upon review of the 

State’s infrastructure SIP submissions 

for the 1997 and 2006 PM2.5 NAAQS, 

and relevant statutory and regulatory 

authorities and provisions referenced in 

those submissions or referenced in 

Kansas’ SIP, EPA believes that Kansas 

has the infrastructure to address all 

applicable required elements of sections 

110(a)(1) and(2) (except otherwise 

noted) to ensure that the 1997 and 2006 

PM2.5 NAAQS are implemented in the 

state. 

In addition, EPA proposes to approve 

two additional SIP submissions from 

Kansas, one addressing the Prevention 

of Significant Deterioration (PSD) 

program in Kansas as it relates to PM2.5

(unless otherwise noted) and another 

SIP revision addressing the 

requirements of section 128 of the CAA, 

both of which support the requirements 

associated with infrastructure SIPs. 

We are hereby soliciting comment on 

this proposed action. Final rulemaking 

will occur after consideration of any 

comments. 

IX. Statutory and Executive Order 

Review 

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 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 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. 

X. Statutory Authority 

The statutory authority for this action 

is provided by Section 110 of the CAA, 

as amended (42 U.S.C. 7410). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Particulate matter, Reporting 

and recordkeeping requirements. 

Dated: April 5, 2013. 

Karl Brooks, 

Regional Administrator, Region 7. 

[FR Doc. 2013–09053 Filed 4–16–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2013–0091; FRL–9803–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; State Board Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA proposes to approve a 

State Implementation Plan (SIP) 

revision submitted by the Delaware 

Department of Natural Resources and 

Environmental Control (DNREC) on 

January 11, 2013. The SIP revision 

addresses the requirements of the Clean 

Air Act (CAA) for all criteria pollutants 

of the national ambient air quality 

standards (NAAQS) in relation to State 

Boards. In the Final Rules section of this 

Federal Register, EPA is approving the 

Delaware SIP revision 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 May 17, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2013–0091 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2013–0091, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, 

Mailcode 3AP30, U.S. Environmental 

Protection Agency, Region III, 1650 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 74 / Wednesday, April 17, 2013 / Proposed Rules 22841 

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–2013– 

0091. 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: Rose 

Quinto, (215) 814–2182, or by email at 

quinto.rose@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

further information, please see the 

information provided in the direct final 

action, with the same title, ‘‘Approval 

and Promulgation of Air Quality 

Implementation Plans; Delaware; State 

Board Requirements,’’ that is located in 

the ‘‘Rules and Regulations’’ section of 

this Federal Register publication. 

Dated: April 3, 2013. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2013–08932 Filed 4–16–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 226 and 252 

RIN 0750–AH85 

Defense Federal Acquisition 

Regulation Supplement: 

Encouragement of Science, 

Technology, Engineering, and 

Mathematics (STEM) Programs 

(DFARS Case 2012–D027); Withdrawal 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Proposed rule, withdrawal. 

SUMMARY: DoD hereby provides notice of 

the cancellation of a proposed rule 

without further action. DoD has 

determined that the proposed 

amendment to the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) is not a necessary part of the 

Department’s plan to implement a 

section of the National Defense 

Authorization Act for Fiscal Year 2012, 

that requires DoD to encourage 

contractors to develop science, 

technology, engineering, and 

mathematics (STEM) programs. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Dustin Pitsch: telephone 571–372–6090; 

email: dustin.pitsch@osd.mil; or Defense 

Acquisition Regulations System, Attn: 

Mr. Dustin Pitsch, OUSD(AT&L)DPAP/ 

DARS, Room 3B855, 3060 Defense 

Pentagon, Washington, DC 20301–3060. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published a proposed rule to 

amend the DFARS to implement section 

862 of the National Defense 

Authorization Act for Fiscal Year 2012, 

which requires DoD to encourage 

contractors to develop science, 

technology, engineering, and 

mathematics (STEM) programs. The 

purpose of this Notice is to advise that 

the proposed rule is cancelled without 

further action. At this time, DoD is in 

the process of reassessing the most 

effective and efficient methods by 

which it can encourage contractors to 

develop science, technology, 

engineering, and mathematics (STEM) 

programs. 

The cancelled proposed rule is 

identified by RIN 0750–AH85, 

Encouragement of Science, Technology, 

Engineering, and Mathematics (STEM) 

Programs. It was published in the 

Federal Register at 78 FR 13604–13606. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

[FR Doc. 2013–09019 Filed 4–16–13; 8:45 am] 

BILLING CODE 5001–06–P 


tkelley on DSK3SPTVN1PROD with PROPOSALS