[Federal Register Volume 75, Number 107 (Friday, June 4, 2010)]
[Rules and Regulations]
[Pages 31711-31713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13377]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2010-0039; FRL-9158-3]


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: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the State of Delaware. This SIP revision consists of 
adding 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: Effective Date: This final rule is effective on July 6, 2010.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2010-0039. 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 
& 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 March 15, 2010 (75 FR 12168), EPA published a notice of proposed 
rulemaking (NPR) for the State of Delaware. The NPR proposed approval 
of the Delaware SIP revision that adds a new section (Section 2.0) to 
Regulation 1142--Control of Nitrogen Oxide Emissions from Industrial 
Boilers and Process Heaters at Petroleum Refineries 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). EPA received no 
comments on the NPR to approve Delaware's SIP revision. The formal SIP 
revision was submitted by the State of Delaware on November 17, 2009.

II. Summary of SIP Revision

    Regulation 1142 (formerly 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 1142 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. Final Action

    EPA is approving the Delaware SIP revision that adds a new section, 
Section 2--Control of Nitrogen Oxide Emissions from Industrial Boilers 
and Process Heaters at Petroleum Refineries to Delaware's Regulation 
1142--Specific Emission Control Requirements for controlling NOx 
emissions from industrial boilers.

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

[[Page 31712]]

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 (Public Law 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 August 3, 2010. 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 State of Delaware's Regulation 
1142--Specific Emission Control Requirements for controlling NOx 
emissions from industrial boilers, 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 21, 2010.
William C. Early,
Acting Regional Administrator, Region III.

0
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 I--Delaware

0
2. In Sec.  52.420, the table in paragraph (c) is amended by:
0
A. Removing the title entry for Regulation No. 42--Specific Emission 
Control Requirements and adding in its place a title entry for 
Regulation 1142; and
0
B. Adding an entry for Section 2.0.

    The amendments read as follows:


Sec.  52.420  Identification of plan.

* * * * *
    (c) * * *

                                  EPA-Approved Regulations in the Delaware SIP
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                                                      State
      State citation           Title/subject     effective date    EPA approval date     Additional explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
              Regulation 1142--Specific Emission Control Requirements (Formerly Regulation No. 42)
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Section 2.0..............  Specific Emission           11/11/09  6/4/10..............  Emission limitations for
                            Control                              [Insert page number    any industrial boiler or
                            Requirements.                         where the document    process heater with a
                                                                  begins].              maximum heat input
                                                                                        capacity of equal to or
                                                                                        greater than 200 mmBTU/
                                                                                        hr.
 
                                                  * * * * * * *
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[FR Doc. 2010-13377 Filed 6-3-10; 8:45 am]
BILLING CODE 6560-50-P