```

[Federal Register Volume 77, Number 94 (Tuesday, May 15, 2012)]
[Rules and Regulations]
[Pages 28489-28491]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11656]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2011-0642; FRL-9671-9 ]

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: Final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the State of Delaware. This revision amends Delaware's 
regulation that establishes controls for nitrogen oxides 
(NOX) emissions from industrial boilers and process heaters 
at petroleum refineries. The revision is a NOX emission 
limit for the fluid catalytic cracking unit carbon monoxide (CO) boiler 
at the Delaware City Refinery to provide for a facility-wide NOx 
emission cap compliance alternative. EPA is approving this SIP revision 
in accordance with the requirements of the Clean Air Act (CAA).

DATES: Effective Date: This final rule is effective on June 14, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2011-0642. 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 
and Environmental Control, 89 Kings Highway, P.O. Box 1401, Dover, 
Delaware 19903.

FOR FURTHER INFORMATION CONTACT: Asrah Khadr, (215) 814-2071, or by 
email at khadr.asrah@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    On January 23, 2012 (77 FR 3211), EPA published a notice of 
proposed rulemaking (NPR) for the State of Delaware. The NPR proposed 
approval of amendments to Delaware's regulation which establishes 
controls for NOX emissions from industrial boilers and 
process heaters at petroleum refineries. The formal SIP revision was 
submitted by Delaware on April 27, 2011. Additional background 
information behind this SIP revision is discussed in detail in the NPR.

II. Summary of SIP Revision

    This SIP revision consists of providing a facility-wide emissions 
cap compliance alternative limit for the fluid catalytic cracking unit 
CO boiler at the Delaware City Refinery. This NOX emissions 
cap starts out at 2,225 tons per year (tpy) and gradually decreases to 
1,650 tpy. Additional information regarding the details of the SIP 
revision is discussed in the NPR. The rationale for EPA's proposed 
action is explained in the NPR and will not be restated here. No public 
comments were received on the NPR.

III. Final Action

    EPA is approving the Delaware SIP revision to amend the regulation 
that establishes controls for NOX emissions from industrial 
boilers and process heaters at petroleum refineries. This regulation 
establishes a facility-wide NOX emission cap compliance 
alternative for the fluid catalytic cracking unit CO boiler at the 
Delaware City Refinery.

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 impose additional requirements beyond those imposed by state 
law. For that reason, this action:

[[Page 28490]]

     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 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 July 16, 2012. 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 amendments of Delaware's regulation 
regarding the control of NOX emissions from industrial 
boilers and process heaters at petroleum refineries 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 2, 2012.
W.C. Early,
Acting Regional Administrator, Region III.

    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 revising 
the entry for Regulation 1142, section 2.0 to read as follows:

Sec.  52.420  Identification of plan.

* * * * *
    (c) * * *

                                  EPA-Approved Regulations in the Delaware SIP
----------------------------------------------------------------------------------------------------------------
                                                     State effective
State regulation (7 DNREC 1100)     Title/subject          date        EPA approval date  Additional explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
                                   1142 Specific Emission Control Requirements
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 2.0....................  Control of NOX             4/11/11   5/15/12 [Insert     Addition of a NOX
                                  Emissions from                       page number where   emissions cap
                                  Industrial                           the document        compliance
                                  Boilers and                          begins].            alternative for the
                                  Process Heaters                                          Delaware City
                                  at Petroleum                                             Refinery.
                                  Refineries.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[[Page 28491]]

* * * * *
[FR Doc. 2012-11656 Filed 5-14-12; 8:45 am]
BILLING CODE 6560-50-P
```