6560-50 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2010-0039; FRL-9158-3] Approval and Promulgation of Air Qualit y 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 re vision consists of adding speci fic emission control requirements for controlling nitrogen oxide (NOx) emissions from industrial boilers. This action is being taken under the Clean Air Act (CAA).

EFFECTIVE DATE: This final rule is effective on [i nsert date 30 days from date of publication].

ADDRESSES : EPA has established a docket for this action under Docket ID NumberEPAR03-OAR-2010-0039 . All documents in the docket are listed in the www.regulations.gov website. Although listed in the el ectronic docket, some information is not publicly available, i.e., confidential business information (C BI) 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 inspection2 during normal business hours at the Air Protec tion Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Penns ylvania 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 Refineri es 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 Regu lation No. 42) establishes app licability and compliance dates to any industrial boiler or proce ss 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 petroleum3 refinery facility (except for any Fluid Cataly tic Cracking Unit carbon monoxide (CO) boiler). Regulation 1142 establishes NOx e mission limitations for any industria l 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, recordk eeping, and reporting requirements.

III. Final Action EPA is approving the Delaware SIP revision that adds a new s ection, Section 2 – Control of Nitrogen Oxide Emissions from Industrial Boilers a nd Process Heaters at Pe troleum Refineries to Delaware’s Regulati on 1142 – Specific Emission Control Requirements for controlling NOx emissions from industrial boilers.

IV. Statutory and Ex ecutive 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 Fe deral 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 additiona l requirements beyond those imposed by state law. Fo r 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);4 • does not impose an information collection bur den under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq

. );

• is certified as not having a significant ec onomic impact on a substa ntial number of small entities under the Regulatory Flexib ility 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 Unfunde d Mandates Reform Ac t of 1995 (Public Law 104-4);

• does not have Federalism imp lications 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 T echnology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsis tent with the CAA; and

• does not provide EPA with th e discretionary authority to address, as appropriate, disproportionate human health or environmental effects, us ing practicable and legally permissible methods, under Executive Or der 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as sp ecified 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 tribal5 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 Sma ll Business Regulatory Enforcement Fairness Act of 1996, ge nerally 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 Comptro ller General of the Un ited 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 th e Comptroller General of the United States prior to publication of the rule in the Federal Register . A major rule cannot take e ffect 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 judi cial review of this ac tion must be filed in the United States Court of Appeals for the appropria te circuit by [Insert da te 60 days from date of publication of this documen t in the Federal Register ]. 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 su ch rule or action.

This action, pertaining to the State of Dela ware’s Regulation 1142 – Specific Emission Control Requirements for controlling NOx emissions from i ndustrial boilers, may not be challenged later6 in proceedings to enforce its requi rements. (See section 307(b)(2).)

List of Subjects in 40 CFR part 52 Environmental protection, Air pollution control, In corporation by reference, Nitrogen dioxide, Ozone, Particulate matte r, Reporting and recor dkeeping requirements.
Dated: May 21, 2010 William C. Early, Acting Regional Administrator, Region III.7 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

B Delaware
2. In § 52.420, the table in paragra ph (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 Emi ssion Control Requirements (f ormerly Regulation No. 42) * * * * * * * Section 2.0 Specific Emission Control Requirements 11/11/09 [Insert Federal Register publication date] [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 * * * * * * *8 * * * * *

[FR Doc. 2010-13377 Filed 06/03/2010 at 8:45 am; Publication Date: 06/04/2010]