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 Petrole um Refineries
AGENCY : Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to approve a State I mple mentation Plan (SI P) revision submitted by

the State of Delaware. The revision adds a new section, Section 2

– Co ntrol of Nitrogen Oxide Emissions from I ndustrial Boilers and Process Heaters at Petroleum Refineries to Delaware’s Regulation No. 1142/SI P Regulation No. 42

– Specific Emission Control Requirements for controlling nitrogen oxide (NOx) emi ssions from indust rial boilers
. This action is being taken under the Clean Air Act (CAA ). DATES: Written comments must be received on or before [ insert date 30 day s from date of publication ]. ADDRESSES: Submit y our comments, identified by Docket I D Number EPA - R03 - OAR 2010 - 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 I II, 1650 Arch Street,2

Philadelphia, Pennsy lvania 19103. D. Hand Delivery : At the previously
- listed EPA Region I II 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 y our comments to Docket I D 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 In formation (CBI ) or other information whose disclosure is restricted by statute. Do not submit information that y ou consider to be CBIor otherwise protected through www.regulations.gov or e - mail. The www.regulations.gov website is an “ anony mous access ” sy stem, which means EPA will not know y our identity or contact information unless y ou provide it in the body of y our comment. I f y ou send an e
- mail comment directl y to EPA without going through www.regulations.gov , y our e - mail addres s will be automatically captured and included as part of the comment that is placed in the public docket and made available on the I nternet. I f y ou submit an electronic comment, EPA recommends that y ou include y our name and other contact information in th e body

of y our comment and with any disk or CD
- ROM y ou submit. I f EPA cannot read y our comment due to technical difficulties and cannot contact y ou for clarification, EPA may not be able to consider y our comment. Electronic files should avoid the use of special characters, any

form of encry

ption, and be free of any

defects or viruses. Docket: All documents in the electronic docket are listed in the www.regulations.gov index.3

Although listed in the index, some information is not publicly available, i.e. , CBIor other information whose disclosure is restricted by statute. Certain other material, such as copy righted material, is not placed on the I nternet and will be publicly available only

in hard copy

form. Publicly available docket materials are avail able 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 I II, 1650 Arch Street, Philadelphia, Pennsy lvania 19103
. Copies of the State submit tal 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
- 2 036 , or by e mail 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 SI P for an amendment to Regulation No. 1142/SI P Regulation No. 42

– Specific Emission Control Requirements
. This SI P revision added a new section, Section 2

– Control of Nitrogen Oxide Emissions from I ndustrial Boilers and Process Heaters at Petroleum Refineries. The regulation was adopte d 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 Delawar e attain and maintain the national ambient air quality standards (NAAQS) for the 1997 8
- hour ozone standard by 2010.4

II. Summary of SIP Revision Regulation No.1142/SI P Regulation No. 42 establishes applicability and compliance dates to any industrial boi ler 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 Cataly

tic Cracking Unit carbon monoxide (CO) boiler). R egulation No.1142/SI P 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 petrole um refinery facility
. The regulation also require s compliance with monitoring, recordkeeping, and reporting requirements
. III. Proposed Action EPA is proposing to approve the amendment to Delaware ’s SI P revision Regulation No. 1142/SI P 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 an d 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 Unde r the Clean Air Act, the Administrator is required to approve a SI P submission that complies with the provisions of the Act and applicable Federal r egulations. 42 U.S.C. 7410(k);5

40 CFR 52.02(a). Thus, i n reviewing SI P submissions, EPA’s role is to appr ove 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 bey ond 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 p rovisions 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

unfund ed mandate or significantly or uniquely

affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public L aw 104
- 4) ;
 d oes not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999 );

 is no t a n 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; and6

 does not provide EPA with the discretio nary 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 I ndustrial Boilers and Process Heaters at Petroleum Refineries to Regulation No. 1142/SI P Regulation No. 42

– Specific Emission Control Requirements , does no t have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SI P is not approved to apply in I ndian country

located in the state, and EPA notes that it will not impose substantial direct costs on tribal gove rnments 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 I II.