2354 Federal Register / Vol. 78, No. 8 / Friday, January 11, 2013 / Proposed Rules 

Drafting Information 

Theo Matuskowitz drafted these 

regulations under the guidance of Peter 

J. Probasco of the Office of Subsistence 

Management, Alaska Regional Office, 

U.S. Fish and Wildlife Service, 

Anchorage, Alaska. Additional 

assistance was provided by: 

• Daniel Sharp, Alaska State Office, 

Bureau of Land Management; 

• Sandy Rabinowitch and Nancy 

Swanton, Alaska Regional Office, 

National Park Service; 

• Dr. Glenn Chen, Alaska Regional 

Office, Bureau of Indian Affairs; 

• Jerry Berg and Jack Lorrigan, Alaska 

Regional Office, U.S. Fish and Wildlife 

Service; and 

• Steve Kessler, Alaska Regional 

Office, U.S. Forest Service. 

List of Subjects 

36 CFR Part 242 

Administrative practice and 

procedure, Alaska, Fish, National 

forests, Public lands, Reporting and 

recordkeeping requirements, Wildlife. 

50 CFR Part 100 

Administrative practice and 

procedure, Alaska, Fish, National 

forests, Public lands, Reporting and 

recordkeeping requirements, Wildlife. 

Proposed Regulation Promulgation 

For the reasons set out in the 

preamble, the Federal Subsistence 

Board proposes to amend 36 CFR 242 

and 50 CFR 100 for the 2014–15 and 

2015–16 regulatory years. The text of 

the proposed amendments to 36 CFR 

242.24, 242.25, and 242.26 and 50 CFR 

100.24, 100.25, and 100.26 is the final 

rule for the 2012–14 regulatory period 

(77 FR 35482; June 13, 2012). 

Dated: December 11, 2012. 

Peter J. Probasco, 

Assistant Regional Director, U.S. Fish and 

Wildlife Service, Acting Chair, Federal 

Subsistence Board. 

Steve Kessler, 

Subsistence Program Leader, USDA-Forest 

Service. 

[FR Doc. 2013–00325 Filed 1–10–13; 8:45 am] 

BILLING CODE 3410–11–P; 4310–55–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2012–0639; FRL–9769–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Arkansas; Prevention of Significant 

Deterioration; Greenhouse Gas 

Tailoring Rule Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The EPA is proposing to 

approve two revisions to the Arkansas 

State Implementation Plan (SIP) 

submitted by the Arkansas Department 

of Environmental Quality (ADEQ) to 

EPA on February 17, 2010 and 

November 6, 2012. The February 17, 

2010 proposed SIP revision to the 

Arkansas New Source Review (NSR) 

Prevention of Significant Deterioration 

(PSD) program updates the Arkansas SIP 

to incorporate by reference (IBR) 

requirements for the Federal PSD 

permitting program under EPA’s 

November 29, 2005 Phase 2 8-hour 

Ozone Implementation rule. The 

November 6, 2012 proposed SIP 

revision to the Arkansas NSR PSD 

program provides the state of Arkansas 

with the authority to issue PSD permits 

governing greenhouse gas (GHG) 

emissions and establishes appropriate 

emission thresholds for determining 

which new stationary sources and 

modifications to existing stationary 

sources become subject to Arkansas’s 

PSD permitting requirements for their 

GHG emissions. The November 6, 2012 

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 February 17, 2010, and November 6, 

2012 SIP revisions to the Arkansas NSR 

PSD permitting program as consistent 

with Federal requirements for PSD 

permitting. EPA is also proposing to 

rescind the GHG PSD Federal 

Implementation Plan (FIP) for Arkansas 

that was put in place to ensure the 

availability of a permitting authority for 

GHG permitting in Arkansas, upon final 

approval of the November 6, 2012 PSD 

SIP revisions. EPA is proposing this 

action under the Clean Air Act (the Act). 

DATES: Comments must be received on 

or before February 11, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R06– 

OAR–2012–0639, by one of the 

following methods: 

• Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Email: Mr. Mike Miller at 

miller.michael@epa.gov. 

• Fax: Mr. Mike Miller, Air Permits 

Section (6PD–R), at fax number 214– 

665–6762. 

• Mail: Mr. Mike Miller, Air Permits 

Section (6PD–R), Environmental 

Protection Agency, 1445 Ross Avenue, 

Suite 1200, Dallas, Texas 75202–2733. 

• Hand or Courier Delivery: Mr. Mike 

Miller, Air Permits Section (6PD–R), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 1200, Dallas, Texas 

75202–2733. Such deliveries are 

accepted only between the hours of 8:30 

a.m. and 4:30 p.m. weekdays, and not 

on legal holidays. Special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–OAR–2012– 

0639. 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 http:// 


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Federal Register / Vol. 78, No. 8 / Friday, January 11, 2013 / Proposed Rules 2355 

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). 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information the disclosure of which 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 http:// 

www.regulations.gov or in hard copy at 

the Air Permits Section (6PD–R), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. The file will be made 

available by appointment for public 

inspection in the Region 6 FOIA Review 

Room between the hours of 8:30 a.m. 

and 4:30 p.m. weekdays except for legal 

holidays. Contact the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below to make an 

appointment. If possible, please make 

the appointment at least two working 

days in advance of your visit. A 15 cent 

per page fee will be charged for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area on the seventh 

floor at 1445 Ross Avenue, Suite 700, 

Dallas, Texas. 

The State submittals related to this 

SIP revision, and which are part of the 

EPA docket, are also available for public 

inspection at the Local Air Agency 

listed below during official business 

hours by appointment: 

Arkansas Department of 

Environmental Quality, 5301 

Northshore Drive, North Little Rock, 

Arkansas, 72118–5317. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Mike Miller (6PD–R), Air Permits 

Section, Environmental Protection 

Agency, Region 6, 1445 Ross Avenue 

(6PD–R), Suite 1200, Dallas, TX 75202– 

2733. The telephone number is (214) 

665–7550. Mr. Miller can also be 

reached via electronic mail at 

miller.michael@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

Table of Contents 

I. Background for Our Proposed Action 

A. History of EPA’s GHG-Related Actions 

B. EPA’s Biomass Deferral Rule 

II. Summary of State Submittals 

A. February 17, 2010 

B. November 6, 2012 

III. EPA’s Analysis of State Submittals 

A. February 17, 2010 

B. November 6, 2012 

IV. What action is EPA proposing? 

V. Statutory and Executive Order Reviews 

I. Background for Our Proposed Action 

The Act at 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 for attainment and 

nonattainment areas that cover both 

major and minor new sources and 

modifications, collectively referred to as 

the New Source Review (NSR) SIP. The 

CAA NSR SIP program is composed of 

three separate programs: Prevention of 

Significant Deterioration (PSD), 

Nonattainment New Source Review 

(NNSR), and Minor NSR. PSD is 

established in part C of title I of the 

CAA and applies in areas that meet the 

NAAQS—‘‘attainment areas’’—as well 

as areas where there is insufficient 

information to determine if the area 

meets the NAAQS—‘‘unclassifiable 

areas.’’ The NNSR SIP 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 

SIP program 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 

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. 

Arkansas submitted on February 17, 

2010 and November 6, 2012, a 

collection of regulations for approval by 

EPA into the Arkansas SIP, including 

some regulations specific to the 

Arkansas PSD permitting program. The 

February 17, 2010 SIP submittal 

includes the PSD permitting provisions 

that were adopted on December 5, 2008 

at Regulation 19, Chapter 9 to ensure 

consistency with the federal PSD 

permitting requirements promulgated in 

EPA’s Phase 2 8-hour Ozone 

Implementation Rule (70 FR 71612, 

November 29, 2005). The November 6, 

2012 SIP submittal includes the PSD 

permitting provisions to (1) establish 

that the state of Arkansas has the 

authority to issue PSD permits 

governing GHG emissions, and (2) 

establish appropriate emission 

thresholds for determining which new 

stationary sources and modification 

projects become subject to Arkansas’s 

PSD permitting requirements for their 

greenhouse gas (GHG) emissions 

consistent with the ‘‘PSD and Title V 

Greenhouse Gas Tailoring Final Rule’’ 

(75 FR 31514, June 3, 2010) hereafter 

referred to as the ‘‘Tailoring Rule’’, and 

3) defers 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, July 20, 2011). 

Today’s proposed action and the 

accompanying Technical Support 

Document (TSD) present our rationale 

for proposing approval of these 

regulations as meeting the minimum 

federal requirements for the adoption 

and implementation of the PSD SIP 

permitting programs. Note that Arkansas 

is currently subject to the GHG PSD 

Federal Implementation Plan (FIP) at 40 

CFR 52.37(b)(2). See 75 FR 82246, 

December 30, 2010. We are also 

proposing to rescind the GHG PSD FIP 

for Arkansas when we finalize today’s 

proposed action. 

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. 

EPA has recently undertaken a series 

of actions pertaining to the regulation of 

GHGs that, although for the most part 

are distinct from one another, establish 

the overall framework for today’s final 

action on the Arkansas SIP. Four of 

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; 

determined that such regulations, when 

they took effect on January 2, 2011, 

subjected GHGs emitted from stationary 


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2356 Federal Register / Vol. 78, No. 8 / Friday, January 11, 2013 / Proposed Rules 

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). Specifically, by notice 

dated December 13, 2010, EPA finalized a ‘‘SIP 

Call’’ that would require those states with SIPs that 

have approved PSD programs but do not authorize 

PSD permitting for GHGs to submit a SIP revision 

providing such authority. 

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 Arkansas did not 

submit by their established deadline, a corrective 

SIP revision to apply their Clean Air Act PSD 

program to sources of GHGs, Arkansas 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 Arkansas because the GHG PSD FIP is in 

place. 

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. 

PSD is implemented through the SIP 

system, and so 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 with SIPs that have 

approved PSD programs but do not 

authorize PSD permitting for GHGs to 

submit a SIP revision providing such 

authority.5 The State of Arkansas, 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 subject to PSD 

requirements in Arkansas and the other 

states.6 7

For other states, EPA recognized that 

many 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 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 that 

rule, EPA withdrew its approval of the 

affected SIPs 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). 

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 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 BACT. As with the 

Tailoring Rule, the Biomass Deferral 

addresses both PSD and Title V 

requirements. However, EPA is only 

taking action on Arkansas’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 nonGHG pollutants or other GHG’s (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. 

EPA recognizes that use of certain 

types of biomass can be part of the 

national strategy to reduce dependence 

on fossil fuels. Efforts are underway at 

the Federal, state and regional level to 

foster the expansion of renewable 

resources and promote bioenergy 

projects when they are a way to address 

climate change, increase domestic 

alternative energy production, enhance 

forest management and create related 

employment opportunities. We believe 

part of fostering this development is to 

ensure that those feedstocks with 

negligible net atmospheric impact not 

be subject to unnecessary regulation. At 

the same time, it is important that EPA 

have time to conduct its detailed 

examination of the science and 

technical issues related to accounting 

for biogenic CO2 emissions and 

therefore have finalized this deferral. 

The deferral is intended to be a 

temporary measure, in effect for no 

more than three years, to allow the 

Agency time to complete its work and 

determine what, if any, treatment of 

biogenic CO2 emissions should be in the 

PSD and Title V programs. The biomass 

deferral rule is not EPA’s final 

determination on the treatment of 

biogenic CO2 emissions in those 

programs. The Agency plans to 

complete its science and technical 

review and any follow-on rulemakings 

within the three-year deferral period 

and further believes that three years is 

ample time to complete these tasks. It is 

possible that the subsequent 

rulemaking, depending on the nature of 

EPA’s determinations, would supersede 

the biomass deferral rulemaking and 

become effective in fewer than three 

years. In that event, Arkansas may 

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 


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Federal Register / Vol. 78, No. 8 / Friday, January 11, 2013 / Proposed Rules 2357 

9 ‘‘Final Rule To Implement the 8-Hour Ozone 

National Ambient Air Quality Standard—Phase 2; 

Final Rule To Implement Certain Aspects of the 

1990 Amendments Relating to New Source Review 

and Prevention of Significant Deterioration as They 

Apply in Carbon Monoxide, Particulate Matter and 

Ozone NAAQS; Final Rule for Reformulated 

Gasoline.’’ 

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 

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 Arkansas 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 

in the future rulemaking EPA has 

committed to undertake. Only in that 

future rulemaking can EPA address the 

question of extending the deferral or 

putting in place requirements that 

would have the equivalent effect on 

sources covered by the biomass deferral. 

Once that rulemaking has occurred, 

Arkansas may address related revisions 

to its SIP. 

II. Summary of State Submittals 

EPA most recently approved revisions 

to the Arkansas PSD SIP on April 12, 

2007, where we updated our approval of 

the Arkansas PSD SIP to include the 

revisions adopted by the State on 

February 3, 2005 (72 FR 18394). Since 

that time, Arkansas has submitted two 

revisions to the AR PSD SIP on February 

17, 2010, and November 6, 2012. 

A. February 17, 2010 

In a letter dated February 17, 2010, 

Governor Beebe submitted revisions to 

the Arkansas PSD SIP that were adopted 

by the Arkansas Pollution Control and 

Ecology Commission on December 5, 

2008, and became effective on January 

15, 2009. This February 17, 2010, SIP 

submittal consisted of the following 

revisions to Regulation 19, Chapter 9, 

Prevention of Significant Deterioration, 

of the Arkansas Plan of Implementation 

for Air Pollution Control: 

• Non-substantive revisions to 

Regulation 19.902 to correct general 

formatting and typographical errors, 

• Substantive revisions to Regulation 

19.903 to update the incorporation by 

reference date of the federal PSD 

program through November 29, 2005, 

and 

• Substantive revisions to Regulation 

19.904 to update the incorporation by 

reference date of the federal PSD 

program through November 29, 2005, 

and non-substantive revisions to update 

internal numbering within the Arkansas 

rules. 

Taken together, the revisions to 

Regulations 19.902—19.904 ensure 

consistency with the federal PSD 

permitting requirements promulgated in 

EPA’s Phase 2 8-hour Ozone 

Implementation Rule (70 FR 71612, 

November 29, 2005). 9

B. November 6, 2012 

In a letter dated November 6, 2012, 

Governor Beebe submitted revisions to 

the Arkansas SIP that were adopted by 

the Arkansas Pollution Control and 

Ecology Commission on June 22, 2012 

and October 26, 2012. This SIP 

submittal consisted of the following 

revisions: 

• The request to withdraw the 

existing SIP-approved fee regulations at 

Regulation 9 and replace with the 

submitted provisions at Regulation 9, 

Chapters 1, 2, 3, 5 and 9. This submittal 

includes substantive revisions to 

Regulation 9, Sections 9.502(B) and (C) 

for fee assessments of GHG permits; 

• Substantive revisions to Regulation 

19, Chapter 1 to add a rescission clause 

pertaining to GHG PSD permitting; 

• Substantive revisions to Regulation 

19, Chapter 2 definitions to add 

definitions for CO2e, federally regulated 

air emissions and GHGs, 

• Substantive revisions to Regulation 

19.407(C)(3) for permit amendments; 

• Substantive revisions to Regulation 

19, Chapter 9, Section 19.904(G) 

establishing GHG PSD permitting 

requirements and the provisions of the 

GHG biomass deferral, 

• Substantive revisions to Regulation 

19, Appendix A Insignificant Activities 

List to clarify GHG permitting 

applicability, 

• Substantive revisions to Regulation 

26, Section 26.401 to clarify an 

applicant’s duty to apply for permitting 

in Arkansas. 

The revisions submitted on November 

6, 2012 to the AR PSD SIP at Regulation 

19, Chapter 9 will (1) establish that the 

state of Arkansas has the authority to 

issue PSD permits for GHG emissions 

under the PSD program, (2) establish 

appropriate emission thresholds for 

determining which new stationary 

sources and modification projects 

become subject to Arkansas’s PSD 

permitting requirements for their 

greenhouse gas (GHG) emissions 


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2358 Federal Register / Vol. 78, No. 8 / Friday, January 11, 2013 / Proposed Rules 

consistent with 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 EPA’s Biomass Deferral Rule. 

EPA’s proposed action today will only 

evaluate the revisions necessary to 

adopt and implement the permitting of 

GHG emissions subject to PSD 

permitting at Regulation 19, Chapter 9. 

EPA is severing and taking no action at 

this time on the remaining components 

of the November 6, 2012 SIP submittal. 

Specifically, we are severing and taking 

no action on the revisions to Regulation 

9; Regulation 19, Chapters 1, 2, 4, and 

Appendix A; and Regulation 26. By 

severing, we mean that the submitted 

portions of the SIP revision that address 

Arkansas’s ability to issue PSD permit 

for GHG emissions subject to EPA’s 

Tailoring Rule can be implemented 

independently of the portions of the 

submittal relating to air permit fees, 

general air definitions and permitting 

below PSD thresholds. EPA anticipates 

taking action on the remaining portions 

of the November 6, 2012 SIP submittal 

at a later date. 

III. EPA’s Analysis of State Submittals 

A. February 17, 2010 

The Phase 2 8-Hour Ozone 

Implementation Rule required states to 

submit applicable SIP revisions to EPA 

no later than June 15, 2007, to address 

this Rule’s SIP requirements for both the 

PSD and NNSR programs. The SIP 

revision submittals were required by 

this Rule to revise the major source 

thresholds, significant emission rates, 

and offset ratios for ozone such that 

nitrogen oxides (NOX) are recognized as 

an ozone precursor. Arkansas’s February 

17, 2010 SIP submittal updated the 

incorporation by reference date of the 

federal PSD program to November 29, 

2005, which is the date of the Phase 2 

rule. Therefore the Arkansas PSD SIP 

updates are consistent with the federal 

Phase 2 PSD permitting requirements. 

EPA partially approved and partially 

disapproved the Arkansas Infrastructure 

SIP on August 20, 2012 (77 FR 50033). 

In this action we approved the revisions 

in Regulation 19.903 and 19.904 specific 

to NOX as a precursor to ozone for the 

implementation of the Phase 2 8-hour 

ozone rule. However, we did not update 

the amendatory language table at 40 

CFR 52.170 to reflect that the revisions 

to Regulation 19.902—19.904 as 

adopted on December 5, 2008, and 

submitted on February 17, 2010, were 

approved. Therefore, today’s proposed 

action includes a proposal to fully 

approve the AR PSD program revisions 

adopted on December 5, 2008, and 

submitted on February 17, 2010. 

A. November 6, 2012 

As explained more fully in the 

accompanying TSD in this rulemaking, 

Arkansas has adopted and submitted 

regulations that are substantively 

similar to the federal requirements for 

the permitting of GHG-emitting sources 

subject to PSD. The detailed analysis in 

our TSD demonstrates that the 

regulatory revisions adopted on June 22, 

2012 and submitted on November 6, 

2012; establish that Arkansas has the 

authority to issue PSD permits for GHGemitting sources subject to PSD 

consistent with the federal PSD 

requirements of EPA’s final GHG 

Tailoring Rule. The revisions also 

establish thresholds for determining 

which stationary sources and 

modification projects become subject to 

permitting requirements for GHG 

emissions under its PSD program. Our 

analysis also demonstrates that the 

regulatory revisions adopted on October 

26, 2012 and submitted on November 6, 

2012, appropriately defer the 

applicability of these thresholds for 

biogenic CO2 emissions from bioenergy 

and other biogenic stationary sources 

consistent with EPA’s Biomass Deferral 

Final Rule. 

IV. What action is EPA proposing? 

EPA proposes to approve the February 

17, 2010 and November 6, 2012, 

submitted revisions to Regulation 19, 

Chapter 9 into the Arkansas PSD SIP. 

Arkansas’s February 17, 2010, proposed 

SIP revision updates the incorporation 

by reference date of the PSD program to 

address the permitting requirements in 

EPA’s Phase 2 8-hour ozone final rule. 

Arkansas’s November 6, 2012, proposed 

SIP revision (1) provides the state of 

Arkansas with the authority to issue 

PSD permits governing GHGs, and (2) 

establishes appropriate emissions 

thresholds for determining PSD 

applicability to new and modified GHGemitting sources in accordance with 

EPA’s Tailoring Rule. EPA has made the 

preliminary determination that the 

February 17, 2010 and November 6, 

2012 revisions to Regulation 19, Chapter 

9 are approvable because they are 

adopted and submitted in accordance 

with the CAA and EPA regulations 

regarding PSD permitting for 8-hour 

ozone and GHGs. Therefore, under 

section 110 and parts C and D of the 

Act, and for the reasons stated above, 

EPA proposes to approve the following 

revisions to the Arkansas SIP: 

• Substantive revisions to Regulation 

19, Chapter 9, Sections 19.903 and 

19.904 to update the incorporation by 

reference date of the PSD program, 

• Substantive revisions to Regulation 

19, Chapter 9, Section 19.904(G) 

establishing GHG PSD permitting 

requirements and the biomass deferral 

provisions. 

As explained in today’s proposed 

notice, Arkansas is subject to the 

Federal Implementation Plan 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 Arkansas 

until EPA finalizes our proposed 

approval of the November 6, 2012 

submitted revisions to the Arkansas SIP. 

Therefore, we propose that upon 

finalization of today’s action, EPA will 

rescind the GHG PSD FIP for Arkansas 

at 40 CFR 52.37(b)(2). 

Consistent with the analysis 

presented in today’s proposed notice 

and the accompanying TSD, EPA is 

severing and taking no action on the fee 

related regulations at Regulation 9; as 

well as the revisions to Regulation 19, 

Chapters 1, 2, 4 and Appendix A, and 

Regulation 26, submitted on November 

6, 2012. 

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 

Clean Air 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 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 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 


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Federal Register / Vol. 78, No. 8 / Friday, January 11, 2013 / Proposed Rules 2359 

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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Reporting and recordkeeping 

requirements. 

Dated: December 17, 2012. 

Ron Curry, 

Regional Administrator, Region 6. 

[FR Doc. 2013–00429 Filed 1–10–13; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2011–0640; FRL–9769–7] 

Approval and Promulgation of State 

Implementation Plans: Idaho 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The EPA is proposing to 

approve revisions to Idaho’s State 

Implementation Plan (SIP) submitted by 

the Director of the Idaho Department of 

Environmental Quality (IDEQ) on July 

13, 2011, for approval into the Idaho 

SIP. The submitted revisions relate to 

Idaho’s open burning and crop residue 

disposal requirements and establish a 

streamlined permitting process for spot 

burns, baled agricultural residue burns, 

and propane flaming. The submitted 

revisions also make minor changes to 

the existing crop residue disposal rules 

to update cross references and clarify 

certain administrative information. This 

action is being taken under the Clean 

Air Act (the Act or CAA). 

DATES: Written comments must be 

received on or before February 11, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2011–0640, by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Mail: Donna Deneen, EPA, Office of 

Air, Waste, and Toxics (AWT–107), 

1200 Sixth Avenue, Suite 900, Seattle, 

Washington 98101. 

C. Hand Delivery: EPA, Region 10 

Mailroom, 9th Floor, 1200 Sixth 

Avenue, Seattle, Washington 98101. 

Attention: Donna Deneen, Office of Air 

Waste, and Toxics (AWT–107). Such 

deliveries are only accepted during 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

D. Email: R10- 

Public_Comments@epa.gov. 

Instructions: Direct your comments to 

Docket ID No. EPA–R10–OAR–2011– 

0640. The 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 the 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 the 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, the 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 the EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

the 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 Office of Air, Waste and 

Toxics, EPA Region 10, 1200 Sixth 

Avenue, Seattle, Washington 98101. 

FOR FURTHER INFORMATION CONTACT: 

Donna Deneen, (206) 553–6706, or by 

email at deneen.donna@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

the EPA. Information is organized as 

follows: 

Table of Contents 

I. Background 

II. Summary of Rule Changes 

III. Evaluation of Rule Changes 

IV. Proposed Action 

V. Scope of Proposed Action 

VI. Statutory and Executive Order Reviews 

I. Background 

Idaho’s federally-approved rules at 

Idaho Administrative Procedures Act 

(IDAPA) 58.01.01.617 through 623 

contain the open burning requirements 

for crop residue disposal in Idaho. 

These rules were approved by the EPA 

on August 1, 2008, (73 FR 44915) and 

were submitted to the EPA as a result of 

the Ninth Circuit Court of Appeals 

decision in Safe Air for Everyone v. 

USEPA, 475 F.3d 1096, amended 488 

F.3d 1088 (9th Cir 2007). More 

information regarding the Ninth Circuit 

Court of Appeals decision and the 

federally-approved requirements for 

crop residue disposal can be found in 

the EPA’s proposed and final actions on 

the state’s 2008 SIP submittal. 73 FR 

23155 (April 29, 2008) and 73 FR 44915 

(August 1, 2008). 

Idaho’s federally-approved crop 

residue disposal rules at IDAPA 

58.01.01.617 currently provide that the 

open burning of crop residue on fields 

where the crops were grown is an 

allowable form of open burning if 

conducted in accordance with the 

provisions at IDAPA 58.01.01.618 

through 623. The provisions at IDAPA 

58.01.01.618 through 623 are described 


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