
[Federal Register Volume 78, Number 40 (Thursday, February 28, 2013)]
[Rules and Regulations]
[Pages 13497-13499]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04145]


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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.

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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

[[Page 13498]]

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]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart V--Maryland

0
2. In Sec.  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:


Sec.  52.1070  Identification of plan.

* * * * *
    (c)* * *

                 EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
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                                                                                                  Additional
        Code of Maryland                                    State                                explanation/
  administrative  regulations        Title/subject        effective      EPA approval date    citation at 40 CFR
       (COMAR)  citation                                    date                                   52.1100
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                                   26.11.01 General Administrative Provisions
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                                                  * * * * * * *
26.11.01.01....................  Definitions.........          3/5/12  2/28/13 [Insert page  Revised .01B(6-1)
                                                                        number where the      and .01B(37).
                                                                        document begins].
 

[[Page 13499]]

 
                                                  * * * * * * *
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                                  26.11.02 Permits, Approvals, and Registration
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26.11.02.01....................  Definitions.........          3/5/12  2/28/13 [Insert page  Revised .01B(44)
                                                                        number where the      and .01C(1).
                                                                        document begins].
 
                                                  * * * * * * *
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                        26.11.06 General Emissions Standards, Prohibitions, and Standards
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                                                  * * * * * * *
26.11.06.14....................  Control of PSD                3/5/12  2/28/13.............  Revised .14B(1).
                                  Sources.                             [Insert page number
                                                                        where the document
                                                                        begins].
 
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[FR Doc. 2013-04145 Filed 2-27-13; 8:45 am]
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