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 


srobinson on DSK4SPTVN1PROD with RULES
13498 Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Rules and Regulations 

Deferral. Additionally, the definitions of 

‘‘PSD source’’ and ‘‘greenhouse gas’’ at 

COMAR 26.11.01.01 and 26.11.02.01 

respectively have been revised to 

incorporate the Biomass Deferral. 

Other specific requirements of 

Maryland’s April 4, 2012 submittal 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, either during 

the initial comment period, or the 

additional 30-day comment period. 

III. Final Action 

EPA is approving Maryland’s April 4, 

2012 SIP submittal as a revision to the 

Maryland 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 the regulation of biogenic 

GHGs in Maryland may not be 

challenged later 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 V—Maryland 

■ 2. In § 52.1070, the table in paragraph 

(c) is amended by revising the second 

entry for COMAR 26.11.01.01, and the 

entries for COMAR 26.11.02.01, and 

26.11.06.14. 

The amendments read as follows: 

§ 52.1070 Identification of plan. 

* * * * * 

(c)* * * 

EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP 

Code of Maryland 

administrative 

regulations (COMAR) 

citation 

Title/subject 

State 

effective 

date 

EPA approval date Additional explanation/citation at 

40 CFR 52.1100 

26.11.01 General Administrative Provisions 

*******

26.11.01.01 ............... Definitions ................................... 3/5/12 2/28/13 [Insert page number 

where the document begins].

Revised .01B(6–1) and .01B(37). 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Rules and Regulations 13499 

EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP—Continued 

Code of Maryland 

administrative 

regulations (COMAR) 

citation 

Title/subject 

State 

effective 

date 

EPA approval date Additional explanation/citation at 

40 CFR 52.1100 

*******

26.11.02 Permits, Approvals, and Registration 

26.11.02.01 ............... Definitions ................................... 3/5/12 2/28/13 [Insert page number 

where the document begins].

Revised .01B(44) and .01C(1). 

* * * * * * * 

26.11.06 General Emissions Standards, Prohibitions, and Standards 

*******

26.11.06.14 ............... Control of PSD Sources ............. 3/5/12 2/28/13 .......................................

[Insert page number where the 

document begins].

Revised .14B(1). 

* * * * * * * 

* * * * * 

[FR Doc. 2013–04145 Filed 2–27–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2012–0887; FRL– 9785–5] 

Approval and Promulgation of 

Implementation Plans; Tennessee; 

Revisions to the Knox County Portion 

of the Tennessee State Implementation 

Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the Knox 

County portion of the Tennessee State 

Implementation Plan (SIP), submitted 

by the State of Tennessee, through the 

Tennessee Department of Environment 

and Conservation (TDEC) on August 19, 

2009, August 22, 2012, and October 12, 

2012. The SIP submittals include 

changes to Knox County Air Quality 

Management Regulations concerning 

open burning, permits and regulation of 

volatile organic compounds (VOCs). 

TDEC considers Knox County’s SIP 

revisions to be as or more stringent than 

the Tennessee SIP requirements. EPA is 

approving the Knox County SIP 

revisions because the State has 

demonstrated that they are consistent 

with the Clean Air Act (CAA or Act). 

DATES: This direct final rule is effective 

April 29, 2013 without further notice, 

unless EPA receives adverse comment 

by April 1, 2013. If adverse comment is 

received, EPA will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2012–0887, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: R4-RDS@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2012– 

0887,’’ Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Lynorae 

Benjamin, Chief, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R04–OAR–2012– 

0887. 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 through 

www.regulations.gov or email, 

information that you consider to be CBI 

or otherwise protected. 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. 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 

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 


srobinson on DSK4SPTVN1PROD with RULES