6560-50 

 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).

EFFECTIVE DATE: This final rule is effective on [insert date 30 days from date of 

publication].

ADDRESSES: EPA has established a docket for this action under Docket ID Number EPAR03-OAR-2010-0039. All documents in the docket are listed in the www.regulations.gov

website. 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 
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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 
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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 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); 
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• 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 
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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 [Insert date 60 days from date of 

publication of this document 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 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 
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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. 
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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 IB 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 [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

 * * * * * * * 
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* * * * *

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

Date: 06/04/2010]