Federal Register / Vol. 77, No. 14 / Monday, January 23, 2012 / Proposed Rules 3211 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Chapter II 

USACE’s Plan for Retrospective 

Review Under E.O. 13563 

AGENCY: U.S. Army Corps of Engineers, 

DoD. 

ACTION: Extension of comment period. 

SUMMARY: On November 16, 2011, the 

U.S. Army Corps of Engineers (USACE) 

issued a Notice of Intent and Request for 

Comments on its plan to retrospectively 

review its Regulations implementing the 

USACE Regulatory Program at 33 CFR 

320–332 and 334 in accordance with 

Executive Order 13563, ‘‘Improving 

Regulation and Regulatory Review’’ 

(E.O.), issued on January 18, 2011, 

directs federal agencies to review 

existing significant regulations and 

identify those that can be made more 

effective or less burdensome in 

achieving regulatory objectives. The 

Regulations are essential for 

implementation of the Regulatory 

mission; thus, USACE believes they are 

a significant rule warranting review 

pursuant to E.O. 13563. The E.O. further 

directs each agency to periodically 

review its existing significant 

regulations to determine whether any 

such regulations should be modified, 

streamlined, expanded, or repealed so 

as to make the agency’s regulatory 

program more effective or less 

burdensome in achieving the regulatory 

objectives. The original comment period 

ended on January 17, 2012. As a result 

of the request for time extensions, we 

have extended the comment period 45 

days. 

DATES: Written comments must be 

submitted on or before March 2, 2012. 

ADDRESSES: You may submit comments, 

identified by docket number COE– 

2011–0028, by any of the following 

methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Email: 

regulatory.review@usace.army.mil. 

Include the docket number, COE–2011– 

0028, in the subject line of the message. 

Mail: U.S. Army Corps of Engineers, 

ATTN: CECW–CO–R (Ms. Amy S. 

Klein), 441 G Street NW., Washington, 

DC 20314–1000. 

Hand Delivery/Courier: Due to 

security requirements, we cannot 

receive comments by hand delivery or 

courier. 

Instructions: Instructions for 

submitting comments are provided in 

the original notice published on 

November 16, 2011 (76 FR 70927). 

Docket: For access to the docket to 

read background documents or 

comments received, go to 

www.regulations.gov. All documents in 

the docket are listed. Although listed in 

the index, some information is not 

publicly available, such as 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. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy S. Klein, Headquarters, U.S. Army 

Corps of Engineers, Operations and 

Regulatory Community of Practice, 

Washington, DC 20314–1000, by phone 

at (202) 761–4559 or by email at 

regulatory.review@usace.army.mil. 

SUPPLEMENTARY INFORMATION: Please 

refer to the original notice published on 

November 16, 2011 (76 FR 70927) for 

additional details. The original notice 

solicits comments regarding eight 

questions. These questions are not 

intended to be exhaustive, and 

respondents are encouraged to raise 

additional issues or make suggestions 

unrelated to these questions. 

Dated: January 17, 2012. 

Richard C. Lockwood, 

Acting Chief, Operations and Regulatory 

Directorate of Civil Works. 

[FR Doc. 2012–1269 Filed 1–20–12; 8:45 am] 

BILLING CODE 3720–58–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0642 FRL–9620–8] 

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: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a State Implementation Plan (SIP) 

revision submitted by the State of 

Delaware. This SIP revision amends 

Delaware’s regulation that establishes 

controls for nitrogen oxides (NOX) 

emissions from industrial boilers and 

process heaters at petroleum refineries 

by including a NOX emission limit for 

the fluid catalytic cracking unit carbon 

monoxide (CO) boiler at the Delaware 

City Refinery and providing for a 

facility-wide NOx emission cap 

compliance alternative. This SIP 

revision also includes a demonstration 

that these amendments to the existing 

Delaware regulation will not interfere 

with the attainment or maintenance of 

any National Ambient Air Quality 

Standards (NAAQS) or any other 

applicable requirement of the Clean Air 

Act (CAA). This action is being taken 

under the CAA. 

DATES: Written comments must be 

received on or before February 22, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2011–0642 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

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

C. Mail: EPA–R03–OAR–2011–0642, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, 

Mailcode 3AP30, 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–2011– 

0642. 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 


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3212 Federal Register / Vol. 77, No. 14 / Monday, January 23, 2012 / Proposed Rules 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

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

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the Delaware Department of 

Natural Resources and Environmental 

Control, 89 Kings Highway, Dover, 

Delaware 19903. 

FOR FURTHER INFORMATION CONTACT: 

Asrah Khadr, (215) 814–2071, or by 

email at khadr.asrah@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

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

EPA. 

I. Background 

On June 17, 2011, the Delaware 

Department of Natural Resources and 

Environmental Control (DNREC) 

submitted a revision to its SIP to amend 

Regulation No. 1142, Section 2.0— 

Control of Nitrogen Oxides Emissions 

from Industrial Boilers and Process 

Heaters at Petroleum Refineries. 

Delaware first promulgated Section 2.0 

of Regulation No. 1142 on July of 2007 

and subsequently revised it in 2009, as 

a result of a settlement agreement 

between DNREC and the Premcor 

Refining Group, Inc. (Premcor). On 

November 17, 2009, DNREC submitted 

Section 2.0 of Regulation No. 1142 as a 

SIP revision and on June 6, 2010 (75 FR 

31711), EPA approved it into the 

Delaware SIP. 

Furthermore, in 2009, the operations 

at the Delaware City Refinery ceased 

and in 2010, the refinery ownership 

changed from Premcor to the Delaware 

City Refining Company, LLC (DCRC). 

On May 31, 2010, DNREC and DCRC 

reached an agreement on the Delaware 

City Refinery’s acquisition, restart, and 

operation. One element of that 

agreement was to revise Section 2.0 

Regulation No. 1142 to provide for a 

facility-wide NOX emission cap 

compliance alternative. This SIP 

revision pertains to the amendments to 

Section 2.0 of Regulation No. 1142 as a 

result of DNREC and DCRC’s agreement. 

II. Summary of SIP Revision 

Delaware’s SIP revision establishes 

controls for NOX emissions from 

industrial boilers and process heaters at 

petroleum refineries. This SIP revision 

includes a NOX emissions limit for the 

fluid catalytic cracking unit CO boiler 

(Unit 23–H–3) and provides for, as an 

option, compliance with a facility-wide 

NOX cap as an alternative to unit 

specific NOX emission limits. The initial 

facility-wide cap is being established at 

the level of Premcor’s actual 2008 NOX

emissions (i.e., 2,525 tons per year (tpy)) 

and will decline in two step decreases, 

as follows: (1) 2,525 tpy, evaluated over 

each 12 consecutive month rolling 

period, for any 12 month rolling period 

ending on or before January 2014; (2) 

2,225 tpy, evaluated over each 12 

consecutive month rolling period, 

commencing with the 12 month rolling 

period beginning on December 31, 2013 

and ending on December 31, 2014; and 

(3) 1,650 tpy, evaluated over each 12 

consecutive month rolling period, 

commencing with the 12 month rolling 

period beginning on December 31, 2014 

and ending on December 31, 2015. 

Under the revised Section 2.0 of 

Regulation No. 1142, either all of the 

unit specific NOX emission limits apply 

or the facility-wide cap applies at all 

times. In addition, this SIP revision also 

includes a demonstration that these 

amendments to the existing Delaware 

regulation will not interfere with the 

attainment or maintenance of any 

NAAQS or any other applicable 

requirement of the CAA. Additional 

technical support regarding this 

regulation can be found in the technical 

support document (TSD) available 

online at www.regulations.gov, Docket 

ID Number EPA–R03–OAR–2011–0642. 

III. Proposed Action 

EPA’s review of this material 

indicates that the amendments to 

Section 2.0 of Regulation No. 1142 will 

not affect the attainment and 

maintenance of any of the NAAQS. EPA 

is proposing to approve the Delaware 

SIP revision, submitted on June 17, 

2011, amending Regulation No. 1142, 

Section 2.0 that includes a NOX

emissions limit for the fluid catalytic 

cracking unit CO boiler at the Delaware 

City Refinery and provides for, as an 

option, compliance with a facility-wide 

NOX cap as an alternative to unit 

specific NOX emission limits. EPA is 

soliciting public comments on the 

issues discussed in this document. 

These comments will be considered 

before taking final action. 

IV. Statutory and Executive Order 

Reviews 

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 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 proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed rule, 

pertaining to the control of NOX


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Federal Register / Vol. 77, No. 14 / Monday, January 23, 2012 / Proposed Rules 3213 

emissions from industrial boilers and 

process heaters at petroleum refineries 

in Delaware, 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, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements. 

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

Dated: January 3, 2012. 

W.C. Early, 

Acting, Regional Administrator, Region III. 

[FR Doc. 2012–1225 Filed 1–20–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2011–0353–201122; FRL– 

9621–6] 

Approval and Promulgation of 

Implementation Plans; Tennessee; 

110(a)(1) and (2) Infrastructure 

Requirements for the 1997 8-Hour 

Ozone National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

the state implementation plan (SIP) 

submission, submitted by the State of 

Tennessee, through the Tennessee 

Department of Environment and 

Conservation (TDEC), to demonstrate 

that the State meets the requirements of 

sections 110(a)(1) and (2) with respect to 

sections 110(a)(2)(C) and (J), of the 

Clean Air Act (CAA or Act) for the 1997 

8-hour ozone national ambient air 

quality standards (NAAQS). Section 

110(a) of the CAA requires that each 

state adopt and submit a SIP for the 

implementation, maintenance, and 

enforcement of each NAAQS 

promulgated by the EPA, which is 

commonly referred to as an 

‘‘infrastructure’’ SIP. TDEC certified that 

the Tennessee SIP contains provisions 

that ensure the 1997 8-hour ozone 

NAAQS are implemented, enforced, and 

maintained in Tennessee (hereafter 

referred to as ‘‘infrastructure 

submission’’). Tennessee’s 

infrastructure submission, provided to 

EPA on December 14, 2007, and 

clarified in a subsequent May 28, 2009, 

submission, addressed the required 

infrastructure elements for the 1997 8- 

hour ozone NAAQS, however the 

subject of this notice is limited to 

infrastructure elements 110(a)(2)(C) and 

(J). All other applicable Tennessee 

infrastructure elements will be 

addressed in a separate rulemaking. 

DATES: Written comments must be 

received on or before February 22, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2011–0353, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: benjamin.lynorae@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2011– 

0353,’’ 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, 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–2011– 

0353. 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 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy at the 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. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Nacosta C. Ward, 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. The 

telephone number is (404) 562–9140. 

Ms. Ward can be reached via electronic 

mail at ward.nacosta@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. What elements are required under sections 

110(a)(1) and (2)? 

III. Scope of Infrastructure SIPs 

IV. What is EPA’s analysis of how Tennessee 

addressed the elements (C) and (J) of 

Sections 110(a)(1) and (2) 

‘‘Infrastructure’’ provisions? 

V. Proposed Action 

VI. Statutory and Executive Order Reviews 


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