	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 Petroleum Refineries

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Proposed rule.

SUMMARY:  EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the State of Delaware.  The revision adds a new
section, Section 2 – Control of Nitrogen Oxide Emissions from
Industrial Boilers and Process Heaters at Petroleum Refineries to
Delaware’s Regulation No. 1142/SIP Regulation No. 42– 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: Written comments must be received on or before [insert date 30
days from date of publication].  

ADDRESSES:  Submit your comments, identified by Docket ID Number
EPA-R03-OAR-2010-0039 by one of the following methods:

A.    HYPERLINK "http://www.regulations.gov"  www.regulations.gov . 
Follow the on-line instructions for submitting comments.

B.  E-mail:    HYPERLINK "mailto:fernandez.cristina@epa.gov" 
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 III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.

D.  Hand Delivery: At the previously-listed EPA Region III 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 your comments to Docket ID 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 Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through www.regulations.gov or
e-mail.  The www.regulations.gov website is an “anonymous access”
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment.  If you
send an e-mail comment directly to EPA without going through
www.regulations.gov, your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet.  If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit.  If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment.  Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses.

Docket:  All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., 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 in www.regulations.gov or
in hard copy 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
e-mail at   HYPERLINK "mailto:becoat.gregory@epa.gov" 
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 SIP for an
amendment to Regulation No. 1142/SIP Regulation No. 42 – Specific
Emission Control Requirements.  This SIP revision added a new section,
Section 2 – Control of Nitrogen Oxide Emissions from Industrial
Boilers and Process Heaters at Petroleum Refineries.  The regulation was
adopted 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 Delaware attain and maintain
the national ambient air quality standards (NAAQS) for the 1997 8-hour
ozone standard by 2010.

II.   Summary of SIP Revision

Regulation No.1142/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 No.1142/SIP 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 petroleum refinery
facility.  The regulation also requires compliance with monitoring,
recordkeeping, and reporting requirements. 

III.   Proposed Action

EPA is proposing to approve the amendment to Delaware’s SIP revision
Regulation No. 1142/SIP 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 and 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   

Under the Clean Air Act, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act 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 Clean Air Act.  Accordingly,
this action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond 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 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
Clean Air Act; 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 proposed rule, pertaining to Delaware’s amendment to
add a new section, Section 2 – Control of Nitrogen Oxide Emissions
from Industrial Boilers and Process Heaters at Petroleum Refineries to
Regulation No. 1142/SIP Regulation No. 42 – Specific Emission Control
Requirements, 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.

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 III.

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