[Federal Register Volume 77, Number 14 (Monday, January 23, 2012)]
[Proposed Rules]
[Pages 3211-3213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-1225]


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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.

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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: [email protected].
    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 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-
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

[[Page 3212]]

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 [email protected].

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

[[Page 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]
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