[Federal Register Volume 75, Number 49 (Monday, March 15, 2010)]
[Proposed Rules]
[Pages 12168-12169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5583]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2010-0039; FRL-9127-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Delaware; Control of Nitrogen Oxide Emissions From Industrial Boilers 
and Process Heaters at Petroleum Refineries

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) 
revision submitted by the State of Delaware. The revision adds a new 
section, Section 2--Control of Nitrogen Oxide Emissions from Industrial 
Boilers and Process Heaters at Petroleum Refineries to Delaware's 
Regulation No. 1142/SIP Regulation No. 42-- Specific Emission Control 
Requirements for controlling nitrogen oxide (NOX) emissions 
from industrial boilers. This action is being taken under the Clean Air 
Act (CAA).

DATES: Written comments must be received on or before April 14, 2010.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2010-0039 by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. E-mail: [email protected].
    C. Mail: EPA-R03-OAR-2010-0039, Cristina Fernandez, 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 previously-listed 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-
2010-0039. 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 whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://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 e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail 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 
http://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 http://www.regulations.gov or in hard copy during normal business hours at the 
Air Protection Division, U.S. Environmental

[[Page 12169]]

Protection Agency, Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103. Copies of the State submittal are available at the 
Delaware Department of Natural Resources & Environmental Control, 89 
Kings Highway, P.O. Box 1401, Dover, Delaware 19901.

FOR FURTHER INFORMATION CONTACT: Gregory Becoat, (215) 814-2036, or by 
e-mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On November 17, 2009, the Delaware Department of Natural Resources 
and Environmental Control (DNREC) submitted a revision to its SIP for 
an amendment to Regulation No. 1142/SIP Regulation No. 42--Specific 
Emission Control Requirements. This SIP revision added a new section, 
Section 2--Control of Nitrogen Oxide Emissions from Industrial Boilers 
and Process Heaters at Petroleum Refineries. The regulation was adopted 
in order to require new and/or additional controls on industrial 
boilers and process heaters with heat input capacities of equal to or 
greater than 200 million British thermal units per hour (mmBTU/hr) at 
petroleum refining facilities and to help Delaware attain and maintain 
the national ambient air quality standards (NAAQS) for the 1997 8-hour 
ozone standard by 2010.

II. Summary of SIP Revision

    Regulation No.1142/SIP Regulation No. 42 establishes applicability 
and compliance dates to any industrial boiler or process heater with a 
maximum heat input capacity of equal to or greater than 200 mmBTU/hr, 
which is operated or permitted to operate within a petroleum refinery 
facility (except for any Fluid Catalytic Cracking Unit carbon monoxide 
(CO) boiler). Regulation No.1142/SIP Regulation No. 42 establishes 
NOX emission limitations for any industrial boiler or 
process heater with a maximum heat input capacity of equal to or 
greater than 200 mmBTU/hr, which is operated or permitted to operate 
within a petroleum refinery facility. The regulation also requires 
compliance with monitoring, recordkeeping, and reporting requirements.

III. Proposed Action

    EPA is proposing to approve the amendment to Delaware's SIP 
revision Regulation No. 1142/SIP Regulation No. 42--Specific Emission 
Control Requirements submitted on November 17, 2009. This regulation 
will help to reduce NOX emissions from Delaware's large 
industrial boilers and process heaters that are located at petroleum 
refineries and help Delaware attain and maintain the NAAQS for the 1997 
8-hour ozone standard by 2010. 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 Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the 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 
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 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 proposed rule, pertaining to Delaware's amendment 
to add a new section, Section 2--Control of Nitrogen Oxide Emissions 
from Industrial Boilers and Process Heaters at Petroleum Refineries to 
Regulation No. 1142/SIP Regulation No. 42--Specific Emission Control 
Requirements, 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, Nitrogen dioxide, 
Ozone, Particulate matter, Reporting and recordkeeping requirements.

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

    Dated: February 25, 2010.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2010-5583 Filed 3-12-10; 8:45 am]
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