[Federal Register Volume 73, Number 135 (Monday, July 14, 2008)]
[Proposed Rules]
[Pages 40228-40230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16018]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-RO3-OAR-2008-0068; FRL-8691-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Delaware; Control of Stationary Combustion Turbine Electric Generating 
Unit Emissions

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 
controlling nitrogen oxides emissions from stationary combustion 
turbine electric generating units. This action is being taken under the 
Clean Air Act (CAA).

DATES: Written comments must be received on or before August 13, 2008.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
RO3-OAR-2008-0068 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. E-mail: [email protected].
    C. Mail: EPA-RO3-OAR-2008-0068, Cristina Fernandez, 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-RO3-OAR-
2008-0068. 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 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 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

[[Page 40229]]

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 
19903.

FOR FURTHER INFORMATION CONTACT: Gerallyn Duke, (215) 814-2084, or by 
e-mail at [email protected].

SUPPLEMENTARY INFORMATION: On September 11, 2007, the Delaware 
Department of Natural Resources and Environmental Control (DNREC) 
submitted to EPA a revision to its SIP for Regulation 1148--Control of 
Nitrogen Oxides (NOX) Emissions from Stationary Combustion 
Turbine Electric Generating Units.

I. Background

    DNREC has identified large stationary combustion turbines (CTs) as 
significant contributors to the release of NOX, which is a 
precursor to the formation of ground-level ozone. Ozone poses a 
significant threat to human health especially to the young, the 
elderly, or anyone with impaired ability to breathe, as ozone harms the 
lungs.
    CTs normally operate at peak times for the demand for electricity. 
In Delaware, peak times are in the summer and coincide with hot and 
humid weather conditions that are conducive to the formation of ozone. 
By reducing NOX emissions from CTs during the ozone season, 
the likelihood that Delaware's air quality will exceed the federal 
standards for ozone is reduced. This regulation will affect six 
existing CTs in Delaware, each with an installed capacity of 1 megawatt 
(MW), none of which currently operate with any NOX pollution 
control equipment. These six CTs emitted 2.21 tons of NOX 
per day in 2002, which is the most recent year for Delaware's emissions 
inventory. DNREC has determined that use of water injection technology 
would reduce NOX emissions by approximately 40 percent, or 
by 0.88 tons per day. Water injection reduces the combustion 
temperature and consequently reduces NOX emissions. Delaware 
is part of the Philadelphia-Wilmington-Atlantic City ozone 
nonattainment area and it must take regulatory actions to improve air 
quality to meet the 8-Hour Ozone National Ambient Air Quality Standard 
(NAAQS) by 2010. This regulation is one of many regulatory actions that 
DNREC has undertaken in recent years as part of its SIP which is a 
federal requirement to show that Delaware's air quality will attain 
compliance with the 8-Hour Ozone NAAQS by 2010. No inconsistencies or 
inadequacies regarding EPA policy and the Clean Air Act have been 
identified.

II. Summary of SIP Revision

    Rregulation 1148--Control of NOX Emissions from 
Stationary Combustion Turbine Electric Generating Units requires that 
an owner or operator of an existing stationary combustion turbine 
electric generating unit located in Delaware with a base-load nameplate 
capacity of 1 MW or greater must, by May 1, 2009, either demonstrate 
that the existing stationary combustion turbine generating unit meets 
the emission limits listed below or must install NOX 
emission controls designed to meet these limits: For CTs that burn 
gaseous fuel--42 parts per million volume (ppmv), corrected to 15 
percent O2 dry basis NOX, and for CTs that burn 
liquid fuel--88 ppmv NOX. Design of these limits was based 
on anticipated NOX emissions if water injection pollution 
control equipment were installed.
    The six CTs affected by this regulation operate without any 
NOX pollution control equipment, although they are subject 
to regulations designed to control NOX emissions. DNREC 
determined that the six sources could achieve significant reductions in 
their NOX emissions through the use of water injection 
equipment. Water injection is a proven, feasible technology that has 
been used in other states to reduce NOX emissions.
    This revision will reduce NOX emissions from CTs by 40 
percent, or by 0.88 tons per day to approximately 1.33 tons per day. 
Such a reduction will significantly improve air quality, particularly 
on days when CTs normally operate, i.e., hot humid days and when 
weather conditions are conducive to forming ground-level ozone, and is 
one of the many regulatory steps taken to allow DNREC to attain the 
NAAQS by 2010.

III. Proposed Action

    EPA is proposing to approve the Delaware SIP revision for Control 
of Stationary Combustion Turbine Electric Generating Unit Emissions, 
which was submitted on September 11, 2007. This SIP revision will have 
a beneficial effect on air quality in the Delaware portion of the 
Philadelphia--Wilmington--Atlantic City ozone nonattainment area. 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 approval of Delaware's Stationary 
Combustion Turbine Engine emissions 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

[[Page 40230]]

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, Reporting and recordkeeping requirements.

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

    Dated: July 1, 2008.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. E8-16018 Filed 7-11-08; 8:45 am]
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