Federal Register / Vol. 77, No. 94 / Tuesday, May 15, 2012 / Rules and Regulations 28489 

which is incorporated by reference in 

the Code of Federal Regulations. See 39 

CFR 20.1. 

List of Subjects in 39 CFR Part 20 

Foreign relations, International postal 

services. 

Accordingly, 39 CFR part 20 is 

amended to read as follows: 

PART 20—[AMENDED] 

■ 1. The authority citation for 39 CFR 

part 20 is revised to read as follows: 

Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– 

307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, 

401, 403, 404, 407, 414, 416, 3001–3011, 

3201–3219, 3403–3406, 3621, 3622, 3626, 

3632, 3633, and 5001. 

■ 2. Revise the following sections of 

Mailing Standards of the United States 

Postal Service, International Mail 

Manual (IMM), as follows: 

Mailing Standards of the United 

States Postal Service, International 

Mail Manual (IMM) 

1 International Mail Services 

* * * * * 

130 Mailability 

* * * * * 

136 Nonmailable Goods 

136.1 Dangerous Goods 

[Revise the introduction to 136.1 and 

insert a new item i to read as follows:] 

Except as provided in IMM 135, 

‘‘dangerous goods’’ as defined by the 

United Nations Recommendations on 

the Transport of Dangerous Goods, 

Model Regulations, are prohibited in 

outbound international mail, regardless 

of mail class. Some examples of 

dangerous goods include: 

* * * * * 

i. Primary lithium metal or lithium 

alloy (non-rechargeable) cells and 

batteries, or secondary lithium-ion cells 

and batteries (rechargeable), regardless 

of quantity, size, watt hours, and 

regardless of whether the cells or 

batteries are packed in the equipment 

they are intended to operate, with the 

equipment they are intended to operate, 

or without equipment (individual 

batteries). This standard applies to all 

APO, FPO, or DPO locations. 

Additional information can be obtained 

at http://www.unece.org/trans/danger/ 

danger.html. 

* * * * * 

We will publish an amendment to 39 

CFR part 20 to reflect these changes. 

Stanley F. Mires, 

Attorney, Legal Policy & Legislative Advice. 

[FR Doc. 2012–11483 Filed 5–14–12; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0642; FRL–9671–9 ] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Amendments to the Control 

of Nitrogen Oxides Emissions From 

Industrial Boilers and Process Heaters 

at Petroleum Refineries 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Delaware. This 

revision amends Delaware’s regulation 

that establishes controls for nitrogen 

oxides (NOX) emissions from industrial 

boilers and process heaters at petroleum 

refineries. The revision is a NOX

emission limit for the fluid catalytic 

cracking unit carbon monoxide (CO) 

boiler at the Delaware City Refinery to 

provide for a facility-wide NOx 

emission cap compliance alternative. 

EPA is approving this SIP revision in 

accordance with the requirements of the 

Clean Air Act (CAA). 

DATES: Effective Date: This final rule is 

effective on June 14, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2011–0642. 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: 

Asrah Khadr, (215) 814–2071, or by 

email at khadr.asrah@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On January 23, 2012 (77 FR 3211), 

EPA published a notice of proposed 

rulemaking (NPR) for the State of 

Delaware. The NPR proposed approval 

of amendments to Delaware’s regulation 

which establishes controls for NOX

emissions from industrial boilers and 

process heaters at petroleum refineries. 

The formal SIP revision was submitted 

by Delaware on April 27, 2011. 

Additional background information 

behind this SIP revision is discussed in 

detail in the NPR. 

II. Summary of SIP Revision 

This SIP revision consists of 

providing a facility-wide emissions cap 

compliance alternative limit for the 

fluid catalytic cracking unit CO boiler at 

the Delaware City Refinery. This NOX

emissions cap starts out at 2,225 tons 

per year (tpy) and gradually decreases to 

1,650 tpy. Additional information 

regarding the details of the SIP revision 

is discussed in the NPR. The rationale 

for EPA’s proposed action is explained 

in the NPR and will not be restated here. 

No public comments were received on 

the NPR. 

III. Final Action 

EPA is approving the Delaware SIP 

revision to amend the regulation that 

establishes controls for NOX emissions 

from industrial boilers and process 

heaters at petroleum refineries. This 

regulation establishes a facility-wide 

NOX emission cap compliance 

alternative for the fluid catalytic 

cracking unit CO boiler at the Delaware 

City Refinery. 

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: 


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28490 Federal Register / Vol. 77, No. 94 / Tuesday, May 15, 2012 / Rules and Regulations 

• 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 July 16, 2012. 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 

amendments of Delaware’s regulation 

regarding the control of NOX emissions 

from industrial boilers and process 

heaters at petroleum refineries 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, Incorporation by 

reference, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: May 2, 2012. 

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 1142, section 2.0 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 

*******

1142 Specific Emission Control Requirements 

*******

Section 2.0 ..................... Control of NOX Emissions from Industrial 

Boilers and Process 

Heaters at Petroleum 

Refineries.

4/11/11 5/15/12 [Insert page 

number where the 

document begins].

Addition of a NOX emissions cap compliance 

alternative for the Delaware City Refinery. 

* * * * * * * 


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Federal Register / Vol. 77, No. 94 / Tuesday, May 15, 2012 / Rules and Regulations 28491 

* * * * * 

[FR Doc. 2012–11656 Filed 5–14–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0292; FRL–9671–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Permit To Construct 

Exemptions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Maryland State Implementation Plan 

(SIP). The revisions pertain to sources 

which are exempt from preconstruction 

permitting requirements under 

Maryland’s New Source Review (NSR) 

program. EPA is approving these 

revisions in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: This rule is effective on July 16, 

2012 without further notice, unless EPA 

receives adverse written comment by 

June 14, 2012. If EPA receives such 

comments, it 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 Number EPA– 

R03–OAR–2012–0292 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: cox.kathleen@epa.gov. 

C. Mail: EPA–R03–OAR–2012–0292, 

Kathleen Cox, Associate Director, Office 

of Permits and Air Toxics, Mailcode 

3AP10, U.S. Environmental Protection 

Agency, Region III, 1650 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–2012– 

0292. 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 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 

Throughout this document, whenever 

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

EPA. On December 1, 2003, the 

Maryland Department of the 

Environment (MDE) submitted a formal 

revision (#03–11) to its State 

Implementation Plan (SIP). The SIP 

revision consists of two amendments: 

(A) the repeal of the exemption from 

permitting requirements for equipment 

burning solid fuel at a rate of 350,000 

British thermal units per hour (Btu/hr) 

or less, and (B) the reduction of the 

cutoff level of the exemption for 

stationary internal combustion engines. 

II. Summary of SIP Revision 

Regulation .10 under COMAR 

26.11.02 (Permits, Approvals, and 

Registration) contains exemptions for 

certain sources that are not required to 

obtain approvals or permits to construct 

prior to the construction or modification 

of the affected source. Specifically, 

COMAR 26.11.02.10D (as it currently 

exists in the Maryland SIP) provides 

such an exemption for fuel burning 

equipment using solid fuel with a heat 

input rate of less than 350,000 Btu/hr. 

This exemption led to the mistaken 

belief on the part of some owners/ 

operators of such sources that this 

equipment was not subject to any air 

quality related requirements. However, 

the exemption from permitting 

requirements does not provide an 

exemption from other applicable air 

pollution requirements. No such relief 

exists in MDE’s regulations. Fuel 

burning equipment must meet all 

applicable requirements and emissions 

limitations, regardless of size. In order 

to remove any ambiguity, COMAR 

26.11.02.10D was repealed. 

COMAR 26.11.02.10E provides a 

similar exemption for stationary 

combustion engines under 1,000 brake 

horsepower (bhp) operating under 2,000 

hours per year, as well as all stationary 

internal combustion engines under 500 

bhp. Regulation .10E was revised to 

remove the exemption for the larger 

engines, and now only applies to 

engines with an output less than 500 

bhp, and which are not used to generate 

electricity for sale or load shaving (See 

COMAR 26.11.02.10E). The lower 

threshold allows MDE to establish 

permit conditions on smaller engines, 

and thus lower the equipment’s 

potential to emit. 

The revisions to COMAR 

26.11.02.10D and .10E were effective in 

Maryland on November 24, 2003. The 

MDE submitted them to EPA for 

approval into the SIP on December 1, 

2003. EPA’s review of the SIP submittal 

finds the revisions consistent with CAA 

requirements. 

III. Final Action 

EPA is approving MDE’s December 1, 

2003 SIP submittal. EPA is publishing 

this rule without prior proposal because 

the Agency views this as a 

noncontroversial amendment and 

anticipates no adverse comment. 

However, in the ‘‘Proposed Rules’’ 


wreier-aviles on DSK7SPTVN1PROD with RULES