Approval and Promulgation of Air Quality Implementation Plans; Delaware; Control of Nitrogen Oxide Emissions From Industrial Boilers and Process Heaters at Petroleum Refineries, 12168-12169 [2010-5583]
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12168
Federal Register / Vol. 75, No. 49 / Monday, March 15, 2010 / Proposed Rules
standard promulgated under subsection
(b) [of section 104].’’ Section 104(c)(2)(D)
of the CPSIA provides, in relevant part,
that section 104(c) of the CPSIA applies
to any person who ‘‘owns or operates a
public accommodation affecting
commerce (as defined in section 4 of the
Federal Fire Prevention and Control Act
of 1974 (FFPCA) (15 U.S.C. 2203)’’
(emphasis added). Section 4 of the
FFPCA defines a place of public
accommodation as ‘‘any inn, hotel, or
other establishment not owned by the
Federal Government that provides
lodging to transient guests, except that
such term does not include an
establishment treated as an apartment
building for purposes of any State or
local law or regulation or an
establishment located within a building
that contains not more than 5 rooms for
rent or hire and that is actually
occupied as a residence by the
proprietor of such establishment’’
(emphases added). 15 U.S.C. 2203(7).
The FFPCA contains the same exclusion
from public accommodation as do the
ADA and CRA; in other words, all three
statutes exclude an establishment
located within a building that contains
not more than five rooms for rent or hire
and that is actually occupied as a
residence by the proprietor of such
establishment. The FFPCA, like the VGB
Act, is a statute intended to promote
public safety. Further, the FFPCA’s
definition is used in the CPSIA, a statute
which is administered by the CPSC.
Parties familiar with the CPSC may
already be familiar with the definition
of ‘‘public accommodation’’ as used in
the CPSIA. Thus, the Commission
believes it is appropriate to enforce the
same interpretation of the phrase
‘‘public accommodation’’ in the VGB Act
as used in the CPSIA, especially given
the similar public safety goals of the
statutes.
List of Subjects in 16 CFR Part 1450
Consumer protection, Infants and
children, Law enforcement.
C. Conclusion
emcdonald on DSK2BSOYB1PROD with PROPOSALS
For the reasons stated above, the
Commission proposes to amend chapter
II of title 16 of the Code of Federal
Regulations by adding a new part 1450
to read as follows:
PART 1450—VIRGINIA GRAEME
BAKER POOL AND SPA SAFETY ACT
REGULATIONS
Sec.
1450.1
1450.2
Scope.
Definitions.
Authority: 15 U.S.C. 2051–2089, 86 Stat.
1207; 15 U.S.C. 8001–8008, 121 Stat. 1794
VerDate Nov<24>2008
14:02 Mar 12, 2010
Jkt 220001
§ 1450.1
Scope.
This part pertains to the Virginia
Graeme Baker Pool and Spa Safety Act,
(‘‘Act’’), 15 U.S.C. 8001 et seq., which is
designed to prevent child drowning,
drain entrapments and eviscerations in
pools and spas.
§ 1450.2
Definitions.
(a) Public accommodations facility
means an inn, hotel, motel, or other
place of lodging, except for an
establishment located within a building
that contains not more than five rooms
for rent or hire and that is actually
occupied by the proprietor of such
establishment as the residence of such
proprietor.
(b) [Reserved.]
Dated: March 4, 2010.
Todd A. Stevenson,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 2010–5130 Filed 3–12–10; 8:45 am]
BILLING CODE 6355–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2010–0039; FRL–9127–3]
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: 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 April 14, 2010.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2010–0039 by one of the
following methods:
A. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
B. E-mail:
fernandez.cristina@epa.gov.
PO 00000
Frm 00025
Fmt 4702
Sfmt 4702
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 previouslylisted 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 https://
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 https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site 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 https://
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
https://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 https://
www.regulations.gov or in hard copy
during normal business hours at the Air
Protection Division, U.S. Environmental
E:\FR\FM\15MRP1.SGM
15MRP1
Federal Register / Vol. 75, No. 49 / Monday, March 15, 2010 / Proposed Rules
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 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.
emcdonald on DSK2BSOYB1PROD with PROPOSALS
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
VerDate Nov<24>2008
14:02 Mar 12, 2010
Jkt 220001
heaters that are located at petroleum
refineries and help Delaware attain and
maintain the NAAQS for the 1997 8hour 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 (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 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
PO 00000
Frm 00026
Fmt 4702
Sfmt 4702
12169
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.
Dated: February 25, 2010.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2010–5583 Filed 3–12–10; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 100210083–0085–01]
RIN 0648–AY67
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Coastal
Migratory Pelagic Resources of the
Gulf of Mexico and South Atlantic;
Commercial King and Spanish
Mackerel Fisheries of the Gulf of
Mexico; Control Date
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Advanced notice of proposed
rulemaking; request for comments.
SUMMARY: This notice announces that
the Gulf of Mexico Fishery Management
Council (Council) is considering
additional management measures to
further limit the number of participants
or levels of participation in the
commercial king and Spanish mackerel
components of the coastal migratory
pelagic fishery operating in the
exclusive economic zone (EEZ) of the
Gulf of Mexico. If such management
E:\FR\FM\15MRP1.SGM
15MRP1
Agencies
[Federal Register Volume 75, Number 49 (Monday, March 15, 2010)]
[Proposed Rules]
[Pages 12168-12169]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-5583]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2010-0039; FRL-9127-3]
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: 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 April 14, 2010.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2010-0039 by one of the following methods:
A. https://www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: 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 https://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 https://www.regulations.gov or e-mail. The https://www.regulations.gov Web site
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 https://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
https://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 https://www.regulations.gov or in hard copy during normal business hours at the
Air Protection Division, U.S. Environmental
[[Page 12169]]
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 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 (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 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.
Dated: February 25, 2010.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2010-5583 Filed 3-12-10; 8:45 am]
BILLING CODE 6560-50-P