Approval and Promulgation of Air Quality Implementation Plans; Delaware; Control of Nitrogen Oxide Emissions From Industrial Boilers and Process Heaters at Petroleum Refineries, 31711-31713 [2010-13377]
Download as PDF
Federal Register / Vol. 75, No. 107 / Friday, June 4, 2010 / Rules and Regulations
3. Section 52.1075 is amended by
revising the section heading and by
adding paragraph (i) to read as follows:
■
§ 52.1075
Base year emissions inventory.
*
*
*
*
*
(i) EPA approves as a revision to the
Maryland State Implementation Plan the
2002 base year emissions inventories for
the Baltimore 1997 8-hour ozone
moderate nonattainment area submitted
by the Secretary of the Maryland
Department of the Environment on June
4, 2007. This submittal consists of the
2002 base year point, area, non-road
mobile, and on-road mobile source
inventories in area for the following
pollutants: Volatile organic compounds
(VOC), carbon monoxide (CO) and
nitrogen oxides (NOX).
■ 4. Section 52.1076 is amended by
adding paragraphs (q) and (r) to read as
follow:
§ 52.1076 Control strategy plans for
attainment and rate-of-progress: Ozone.
*
*
*
*
*
(q) EPA approves revisions to the
Maryland State Implementation Plan
consisting of the 2008 reasonable further
31711
progress (RFP) plan, reasonably
available control measures, and
contingency measures for the Baltimore
1997 8-hour ozone moderate
nonattainment area submitted by the
Secretary of the Maryland Department
of the Environment on June 4, 2007.
(r) EPA approves the following 2008
RFP motor vehicle emissions budgets
(MVEBs) for the Baltimore 1997 8-hour
ozone moderate nonattainment area
submitted by the Secretary of the
Maryland Department of the
Environment on June 4, 2007:
TRANSPORTATION CONFORMITY EMISSIONS BUDGETS FOR THE BALTIMORE AREA
Type of control strategy SIP
Year
VOC
(TPD)
NOX (TPD)
Effective date of adequacy determination
or SIP approval
Rate of Progress Plan ..........................................
2008
41.2
106.8
April 13, 2009, (74 FR 13433), published March
27, 2009.
BILLING CODE 6560–50–P
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
erowe on DSK5CLS3C1PROD with RULES
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).
DATES: Effective Date: This final rule is
effective on July 6, 2010.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2010–0039. 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
VerDate Mar<15>2010
14:03 Jun 03, 2010
Jkt 220001
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 & 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:
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 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.
I. Background
[FR Doc. 2010–13381 Filed 6–3–10; 8:45 am]
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.
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
PO 00000
Frm 00049
Fmt 4700
Sfmt 4700
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
E:\FR\FM\04JNR1.SGM
04JNR1
31712
Federal Register / Vol. 75, No. 107 / Friday, June 4, 2010 / Rules and Regulations
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);
• 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 governments or preempt
tribal law.
B. Submission to Congress and the
Comptroller General
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 in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
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 August 3, 2010. 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
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.
■
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—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
*
erowe on DSK5CLS3C1PROD with RULES
VerDate Mar<15>2010
EPA approval date
Additional explanation
*
*
*
*
*
Regulation 1142—Specific Emission Control Requirements (Formerly Regulation No. 42)
Section 2.0 ........
*
State effective
date
Title/subject
Specific Emission Control
Requirements.
*
14:03 Jun 03, 2010
11/11/09
6/4/10 ..............................
[Insert page number
where the document
begins].
*
Jkt 220001
PO 00000
*
Frm 00050
Fmt 4700
Emission limitations for any industrial boiler or process heater with a maximum heat input capacity
of equal to or greater than 200 mmBTU/hr.
*
Sfmt 4700
*
E:\FR\FM\04JNR1.SGM
*
04JNR1
*
Federal Register / Vol. 75, No. 107 / Friday, June 4, 2010 / Rules and Regulations
Docket Facility is open from 8:30 a.m.
to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket
Facility telephone number is (703) 305–
5805.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Fertich, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 347–8560; e-mail address:
fertich.elizabeth@epa.gov.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2010–13377 Filed 6–3–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2010–0033; FRL–8827–4]
2-Propenoic acid polymer, with 1,3butadiene and ethenylbenzene;
Tolerance Exemption
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
I. General Information
This regulation establishes an
exemption from the requirement of a
tolerance for residues of 2-propenoic
acid polymer, with 1,3-butadiene and
ethenylbenzene, minimum number
average molecular weight (in AMU)
9400 (CAS Reg. No. 25085–39–6); when
used as an inert ingredient in a pesticide
chemical formulation under 40 CFR
180.960. BASF Corporation submitted a
petition to EPA under the Federal Food,
Drug, and Cosmetic Act (FFDCA),
requesting an exemption from the
requirement of a tolerance. This
regulation eliminates the need to
establish a maximum permissible level
for residues of 2-propenoic acid
polymer, with 1,3-butadiene and
ethenylbenzene on food or feed
commodities.
SUMMARY:
DATES: This regulation is effective June
4, 2010. Objections and requests for
hearings must be received on or before
August 3, 2010, and must be filed in
accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2010–0033. All documents in the
docket are listed in the docket index
available at https://www.regulations.gov.
Although listed in the index, some
information is not publicly available,
e.g., 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 in the electronic docket at
https://www.regulations.gov, or, if only
available in hard copy, at the OPP
Regulatory Public Docket in Rm. S–
4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The
erowe on DSK5CLS3C1PROD with RULES
ADDRESSES:
VerDate Mar<15>2010
14:03 Jun 03, 2010
Jkt 220001
A. Does this Action Apply to Me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. Potentially
affected entities may include, but are
not limited to:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
This listing is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. If you have any
questions regarding the applicability of
this action to a particular entity, consult
the person listed under FOR FURTHER
INFORMATION CONTACT.
B. How Can I Get Electronic Access to
Other Related Information?
You may access a frequently updated
electronic version of 40 CFR part 180
through the Government Printing
Office’s e-CFR site at https://
www.gpoaccess.gov/ecfr.
C. Can I File an Objection or Hearing
Request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2010–0033 in the subject line on
the first page of your submission. All
PO 00000
Frm 00051
Fmt 4700
Sfmt 4700
31713
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before August 3, 2010. Addresses for
mail and hand delivery of objections
and hearing requests are provided in 40
CFR 178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing that does not
contain any CBI for inclusion in the
public docket. Information not marked
confidential pursuant to 40 CFR part 2
may be disclosed publicly by EPA
without prior notice. Submit a copy of
your non-CBI objection or hearing
request, identified by docket ID number
EPA–HQ–OPP–2010–0033, by one of
the following methods.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Mail: Office of Pesticide Programs
(OPP) Regulatory Public Docket (7502P),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001.
• Delivery: OPP Regulatory Public
Docket (7502P), Environmental
Protection Agency, Rm. S–4400, One
Potomac Yard (South Bldg.), 2777 S.
Crystal Dr., Arlington, VA. Deliveries
are only accepted during the Docket
Facility’s normal hours of operation
(8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays).
Special arrangements should be made
for deliveries of boxed information. The
Docket Facility telephone number is
(703) 305–5805.
II. Background and Statutory Findings
In the Federal Register of March 19,
2010 (75 FR 13277) (FRL–8813–2), EPA
issued a notice pursuant to section 408
of FFDCA, 21 U.S.C. 346a, announcing
the receipt of a pesticide petition (PP
9E7649) filed by BASF Corporation, 100
Campus Drive, Florham Park, NJ 07932.
The petition requested that 40 CFR
180.960 be amended by establishing an
exemption from the requirement of a
tolerance for residues of 2-propenoic
acid polymer, with 1,3-butadiene and
ethenylbenzene, minimum number
average molecular weight (in AMU)
9400; CAS Reg. No. 25085-39-6. That
notice included a summary of the
petition prepared by the petitioner and
solicited comments on the petitioner’s
request. The Agency did not receive any
comments in the docket. However, the
Agency did receive one comment by email. The comment was received from
a private citizen who opposed the
authorization to sell any pesticide that
leaves a residue on food. The Agency
understands the commenter’s concerns
E:\FR\FM\04JNR1.SGM
04JNR1
Agencies
[Federal Register Volume 75, Number 107 (Friday, June 4, 2010)]
[Rules and Regulations]
[Pages 31711-31713]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-13377]
-----------------------------------------------------------------------
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).
DATES: Effective Date: This final rule is effective on July 6, 2010.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2010-0039. 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
& 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 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 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
[[Page 31712]]
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);
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 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 August 3, 2010. 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 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.
0
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:
0
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
0
B. Adding an entry for Section 2.0.
The amendments read as follows:
Sec. 52.420 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations in the Delaware SIP
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Additional explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Regulation 1142--Specific Emission Control Requirements (Formerly Regulation No. 42)
----------------------------------------------------------------------------------------------------------------
Section 2.0.............. Specific Emission 11/11/09 6/4/10.............. Emission limitations for
Control [Insert page number any industrial boiler or
Requirements. where the document process heater with a
begins]. maximum heat input
capacity of equal to or
greater than 200 mmBTU/
hr.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 31713]]
[FR Doc. 2010-13377 Filed 6-3-10; 8:45 am]
BILLING CODE 6560-50-P