Federal Register / Vol. 75, No. 107 / Friday, June 4, 2010 / Rules and Regulations 31711 

■ 3. Section 52.1075 is amended by 

revising the section heading and by 

adding paragraph (i) to read as follows: 

§ 52.1075 Base year emissions inventory. 

* * * * * 

(i) EPA approves as a revision to the 

Maryland State Implementation Plan the 

2002 base year emissions inventories for 

the Baltimore 1997 8-hour ozone 

moderate nonattainment area submitted 

by the Secretary of the Maryland 

Department of the Environment on June 

4, 2007. This submittal consists of the 

2002 base year point, area, non-road 

mobile, and on-road mobile source 

inventories in area for the following 

pollutants: Volatile organic compounds 

(VOC), carbon monoxide (CO) and 

nitrogen oxides (NOX). 

■ 4. Section 52.1076 is amended by 

adding paragraphs (q) and (r) to read as 

follow: 

§ 52.1076 Control strategy plans for 

attainment and rate-of-progress: Ozone. 

* * * * * 

(q) EPA approves revisions to the 

Maryland State Implementation Plan 

consisting of the 2008 reasonable further 

progress (RFP) plan, reasonably 

available control measures, and 

contingency measures for the Baltimore 

1997 8-hour ozone moderate 

nonattainment area submitted by the 

Secretary of the Maryland Department 

of the Environment on June 4, 2007. 

(r) EPA approves the following 2008 

RFP motor vehicle emissions budgets 

(MVEBs) for the Baltimore 1997 8-hour 

ozone moderate nonattainment area 

submitted by the Secretary of the 

Maryland Department of the 

Environment on June 4, 2007: 

TRANSPORTATION CONFORMITY EMISSIONS BUDGETS FOR THE BALTIMORE AREA

Type of control strategy SIP Year VOC 

(TPD) NOX (TPD) Effective date of adequacy determination or SIP approval 

Rate of Progress Plan .......................................... 2008 41.2 106.8 April 13, 2009, (74 FR 13433), published March 

27, 2009. 

[FR Doc. 2010–13381 Filed 6–3–10; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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 email at becoat.gregory@epa.gov. 

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 


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31712 Federal Register / Vol. 75, No. 107 / Friday, June 4, 2010 / Rules and Regulations 

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. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart I—Delaware 

■ 2. In § 52.420, the table in paragraph 

(c) is amended by: 

■ 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 

■ B. Adding an entry for Section 2.0. 

The amendments read as follows: 

§ 52.420 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS IN THE DELAWARE SIP 

State citation Title/subject State effective 

date EPA approval date Additional explanation 

*******

Regulation 1142—Specific Emission Control Requirements (Formerly Regulation No. 42) 

Section 2.0 ........ Specific Emission Control 

Requirements.

11/11/09 6/4/10 ..............................

[Insert page number 

where the document 

begins].

Emission limitations for any industrial boiler or process heater with a maximum heat input capacity 

of equal to or greater than 200 mmBTU/hr. 

* * * * * * * 


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Federal Register / Vol. 75, No. 107 / Friday, June 4, 2010 / Rules and Regulations 31713 

[FR Doc. 2010–13377 Filed 6–3–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2010–0033; FRL–8827–4] 

2-Propenoic acid polymer, with 1,3- 

butadiene and ethenylbenzene; 

Tolerance Exemption 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of 2-propenoic 

acid polymer, with 1,3-butadiene and 

ethenylbenzene, minimum number 

average molecular weight (in AMU) 

9400 (CAS Reg. No. 25085–39–6); when 

used as an inert ingredient in a pesticide 

chemical formulation under 40 CFR 

180.960. BASF Corporation submitted a 

petition to EPA under the Federal Food, 

Drug, and Cosmetic Act (FFDCA), 

requesting an exemption from the 

requirement of a tolerance. This 

regulation eliminates the need to 

establish a maximum permissible level 

for residues of 2-propenoic acid 

polymer, with 1,3-butadiene and 

ethenylbenzene on food or feed 

commodities. 

DATES: This regulation is effective June 

4, 2010. Objections and requests for 

hearings must be received on or before 

August 3, 2010, and must be filed in 

accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2010–0033. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., 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 in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

Docket Facility is open from 8:30 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305– 

5805. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Fertich, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 347–8560; e-mail address: 

fertich.elizabeth@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. How Can I Get Electronic Access to 

Other Related Information? 

You may access a frequently updated 

electronic version of 40 CFR part 180 

through the Government Printing 

Office’s e-CFR site at http:// 

www.gpoaccess.gov/ecfr. 

C. Can I File an Objection or Hearing 

Request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2010–0033 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing, and must be 

received by the Hearing Clerk on or 

before August 3, 2010. Addresses for 

mail and hand delivery of objections 

and hearing requests are provided in 40 

CFR 178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing that does not 

contain any CBI for inclusion in the 

public docket. Information not marked 

confidential pursuant to 40 CFR part 2 

may be disclosed publicly by EPA 

without prior notice. Submit a copy of 

your non-CBI objection or hearing 

request, identified by docket ID number 

EPA–HQ–OPP–2010–0033, by one of 

the following methods. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

(8:30 a.m. to 4 p.m., Monday through 

Friday, excluding legal holidays). 

Special arrangements should be made 

for deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

II. Background and Statutory Findings 

In the Federal Register of March 19, 

2010 (75 FR 13277) (FRL–8813–2), EPA 

issued a notice pursuant to section 408 

of FFDCA, 21 U.S.C. 346a, announcing 

the receipt of a pesticide petition (PP 

9E7649) filed by BASF Corporation, 100 

Campus Drive, Florham Park, NJ 07932. 

The petition requested that 40 CFR 

180.960 be amended by establishing an 

exemption from the requirement of a 

tolerance for residues of 2-propenoic 

acid polymer, with 1,3-butadiene and 

ethenylbenzene, minimum number 

average molecular weight (in AMU) 

9400; CAS Reg. No. 25085-39-6. That 

notice included a summary of the 

petition prepared by the petitioner and 

solicited comments on the petitioner’s 

request. The Agency did not receive any 

comments in the docket. However, the 

Agency did receive one comment by email. The comment was received from 

a private citizen who opposed the 

authorization to sell any pesticide that 

leaves a residue on food. The Agency 

understands the commenter’s concerns 


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