[Federal Register Volume 72, Number 95 (Thursday, May 17, 2007)]
[Proposed Rules]
[Pages 27787-27789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9519]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2007-0027; FRL-8316-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Delaware; Electric Generating Unit Multi-Pollutant Regulation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) 
revision submitted by the State of Delaware. This revision pertains to 
establishing limits on the emissions of nitrogen oxides 
(NOX) and sulfur dioxide (SO2) from Delaware's 
large electric generation units (EGUs). This action is being taken 
under the Clean Air Act (CAA or the Act).

DATES: Written comments must be received on or before June 18, 2007.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2007-0027 by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. E-mail: [email protected].
    C. Mail: EPA-R03-OAR-2007-0027, Linda Miller, Acting Chief, Air 
Quality Planning Branch, Mailcode 3AP21, 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-
2007-0027. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at http://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 http://www.regulations.gov or e-mail. The http://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 http://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 
http://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 http://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: Rose Quinto, (215) 814-2182, or by e-
mail at [email protected].

SUPPLEMENTARY INFORMATION: On November 16, 2006, the Delaware 
Department of Natural Resources and Environmental Control (DNREC) 
submitted a revision to its State Implementation Plan (SIP) for 
Regulation No. 1146--Electric Generating Unit Multi-Pollutant 
Regulation.

I. Background

    Regulation No. 1146 establishes NOX, SO2 and 
mercury emissions limits to achieve reductions of those pollutants from 
Delaware's large EGUs of coal-fired and residual oil-fired EGUs with a 
nameplate capacity rating of 25 megawatts (MW) or greater generating 
capacity. Only the NOX and SO2 sections of this 
regulation will be discussed in this rulemaking. The mercury sections 
of this regulation will be discussed in a separate rulemaking.
    Regulation No. 1146 will help Delaware attain and maintain the 
national ambient air quality standards (NAAQS) for ozone and 
particulate matter (PM2.5) and will assist Delaware in 
achieving the emissions reductions needed to support Delaware's 8-hour 
ozone reasonable further progress plan (RFP). This multi-pollutant 
regulation will not replace the Federal Clean Air Interstate Rule 
(CAIR) requirements and does not relieve affected sources from 
participating in and complying with all CAIR cap-and-trade program 
requirements.

II. Summary of SIP Revision

    Regulation No. 1146 applies to coal-fired and residual oil-fired 
EGUs located in Delaware with a nameplate capacity rating of 25 MW or 
greater. The large EGUs subject to Regulation No. 1146 are Conective 
Delmarva Generating, Inc.'s Edge Moor Generating Station Units 3, 4 and 
5 located in New Castle County; the City of Dover's McKee Run 
Generating Station Unit 3 located in Kent County; and NRG Energy, 
Inc.'s Indian River Generating Station Units 1, 2, 3 and 4 located in 
Sussex County.
    Regulation No. 1146 also contains definitions; emissions 
limitations for NOX and SO2; recordkeeping and 
reporting; compliance plan; and annual mass emission limits for 
NOX and SO2.

A. Emissions Limitations

1. NOX
    Regulation No. 1146 includes short term NOX emission 
rate limits and will be implemented in a phased manner. For Phase I, 
May 1, 2009 through December 31, 2011, the short term NOX 
emission rate limit is 0.15 lb/MMBTU of heat input on a rolling 24-hour 
average basis. For Phase II, January 1, 2012 and beyond, the short term 
NOX emission rate limit is 0.125 lb/MMBTU of heat input on a 
rolling 24-hour average basis.
    A unit subject to this regulation shall not emit annual 
NOX mass emissions that exceed the values shown in Table I 
on or after January 1, 2009.

[[Page 27788]]



               Table I.--Annual NOX Mass Emissions Limits
------------------------------------------------------------------------
                                                         Control period
                                                            NOX mass
                         Unit                            emissions limit
                                                             (tons)
------------------------------------------------------------------------
Edge Moor 3...........................................               773
Edge Moor 4...........................................              1339
Edge Moor 5...........................................              1348
Indian River 1........................................               601
Indian River 2........................................               628
Indian River 3........................................               977
Indian River 4........................................              2032
McKee Run 3...........................................               244
------------------------------------------------------------------------

2. SO2
    Regulation No. 1146 includes short term SO2 emission 
rate limits and will also be implemented in a phased manner. For Phase 
I, May 1, 2009 through December 31, 2011, the short term SO2 
emission rate limit is 0.37 lb/MMBTU of heat input on a rolling 24-hour 
average basis. For Phase II, January 1, 2012 and beyond, the short term 
SO2 emission rate limit is 0.26 lb/MMBTU of heat input on a 
rolling 24-hour average basis.
    A unit subject to this regulation shall not emit annual 
SO2 mass emissions that exceed the values shown in Table II 
on or after January 1, 2009.

               Table II.--Annual SO2 Mass Emissions Limits
------------------------------------------------------------------------
                                                         Control period
                                                            SO2 mass
                         Unit                            emissions limit
                                                             (tons)
------------------------------------------------------------------------
Edge Moor 3...........................................              1391
Edge Moor 4...........................................              2410
Edge Moor 5...........................................              2427
Indian River 1........................................              1082
Indian River 2........................................              1130
Indian River 3........................................              1759
Indian River 4........................................              3657
McKee Run 3...........................................               439
------------------------------------------------------------------------

B. Compliance Demonstration

    NOX and SO2 emissions from multiple units 
subject to Regulation No. 1146 at a common facility may be averaged on 
a heat input basis to demonstrate compliance.
    Regulation No. 1146 requires compliance demonstration with the 
emissions limitations for NOX and SO2 through the 
use of EPA and DNREC approved continuous emissions monitoring systems 
(CEMS). Regulation No. 1146 also requires that these CEMS must be 
installed, certified, calibrated, operated, and maintained in 
accordance with EPA requirements. For NOX and SO2 
emissions, Regulation No. 1146 specifies that CEMS must comply with all 
40 CFR part 75; including monitoring, recordkeeping, quality assurance/
quality control (QA/QC), and reporting requirements. These are the same 
requirements that are necessary for compliance with EPA's CAIR program, 
for which each of the units subject to this regulation are also 
subject.

C. Compliance Plan

    Regulation No. 1146 requires a submission of a compliance plan from 
the owner or operator of a unit subject to this regulation to DNREC on 
or before July 1, 2007.

D. Recordkeeping and Reporting

    Regulation No. 1146 requires compliance with all applicable 
recordkeeping and reporting requirements of 40 CFR part 75. Owner or 
operator of a unit subject to this regulation shall maintain for a 
period of at least 5 years, copies of all measurements, tests, reports 
and other information required by 40 CFR part 75. This information 
shall be provided to DNREC upon request at anytime.

III. Proposed Action

    EPA is proposing to approve the Delaware SIP revision for 
Regulation No. 1146--Electric Generating Unit Multi-Pollutant 
Regulation submitted on November 16, 2006 pertaining to NOX 
and SO2. This regulation will result in the reduction of 
NOX and SO2 emissions from the affected sources. 
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 Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed action is not a ``significant regulatory action'' and 
therefore is not subject to review by the Office of Management and 
Budget. For this reason, this action is also not subject to Executive 
Order 13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)). 
This action merely proposes to approve state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this proposed rule will not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-
existing requirements under state law and does not impose any 
additional enforceable duty beyond that required by state law, it 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). This proposed rule also does not have a 
substantial direct effect on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it 
merely proposes to approve a state rule implementing a Federal 
requirement, and does not alter the relationship or the distribution of 
power and responsibilities established in the Clean Air Act. This 
proposed rule also is not subject to Executive Order 13045 (62 FR 
19885, April 23, 1997), because it approves a state rule implementing a 
Federal standard.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this proposed rule, EPA has taken the necessary steps to eliminate 
drafting errors and ambiguity, minimize potential litigation, and 
provide a clear legal standard for affected conduct. EPA has complied 
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining 
the takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order.
    This proposed rule pertaining to Delaware's Electric Generating 
Unit Multi-Pollutant Regulation, does not

[[Page 27789]]

impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Nitrogen dioxide, 
Ozone, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: May 10, 2007.
William T. Wisniewski,
Acting Regional Administrator, Region III.
[FR Doc. E7-9519 Filed 5-16-07; 8:45 am]
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