ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

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

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.

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 [insert date 30 days from date of 

publication]. 

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-R03-OAR2010-0039 by one of the following methods:

A. www.regulations.gov. Follow the on-line instructions for submitting comments.

B. E-mail: fernandez.cristina@epa.gov

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, 
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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 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 

e-mail. The www.regulations.gov website 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 

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 www.regulations.gov index. 
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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 & 

Environmental Control, 89 Kings Highway, P.O. Box 1401, Dover, Delaware 19901.

FOR FURTHER INFORMATION CONTACT: Gregory Becoat, (215) 814-2036, or by email at becoat.gregory@epa.gov.

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.
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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); 
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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 (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 Clean Air Act; and 
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 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.

 W. C. Early, Acting 

__February 25, 2010___________ _Regional Administrator________

Dated: Shawn M. Garvin,

 Regional Administrator,

Region III.