[Federal Register Volume 73, Number 218 (Monday, November 10, 2008)]
[Rules and Regulations]
[Pages 66554-66555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26398]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2008-0068; FRL-8738-3]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the State of Delaware. This revision pertains to 
controlling nitrogen oxides (NOX ) emissions from stationary 
combustion turbine (CT) electric generating units (EGUs). EPA is 
approving this SIP revision in accordance with the Clean Air Act (CAA).

DATES: Effective Date: This final rule is effective on December 10, 
2008.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2008-0068. All documents in the docket are listed in 
the http://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 http://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 19903.

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

SUPPLEMENTARY INFORMATION: 

I. Background

    On July 14, 2008 (73 FR 40228), EPA published a notice of proposed 
rulemaking (NPR) for the State of Delaware. The NPR proposed approval 
of the Regulation 1148--Control of Stationary Combustion Turbine 
Electric Generating Unit Emissions. The formal SIP revision was 
submitted by the State of Delaware on September 11, 2007.

II. Summary of SIP Revision

    Regulation 1148 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 megawatt (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) NOX.
     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. Delaware 
determined that the six sources could achieve significant reductions in 
their NOX emissions through the use of water injection 
equipment. EPA has previously recognized this equipment and technology 
as reasonably available control technology (RACT). 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 Delaware to attain the 
National Ambient Air Quality Standards (NAAQS) by 2010.
    Other specific requirements of Regulation 1148 and the rationale 
for EPA's proposed action are explained in the NPR and will not be 
restated here. No public comments were received on the NPR.

III. Final Action

    EPA is approving Regulation 1148--Control of NOX 
Emissions from Stationary Combustion Turbine Electric Generating Units 
as a revision to the Delaware SIP.

IV. Statutory and Executive Order Reviews

A. General Requirements

    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 approves state law as meeting Federal 
requirements and does not 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 (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

[[Page 66555]]

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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by January 9, 2009. 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 to control NOX emissions 
from stationary combustion turbine electric generating units in 
Delaware 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, Reporting and recordkeeping requirements.

    Dated: October 28, 2008.
Donald S. Welsh,
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 adding 
entries for Regulation 1148--Control of Stationary Combustion Turbine 
Electric Generating Unit Emissions at the end of the table to read as 
follows:


52.420  Identification of plan.

* * * * *
    (c) * * *

                                  EPA-Approved Regulations in the Delaware SIP
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                                                          State                                   Additional
         State citation             Title/subject    effective date     EPA approval date         explanation
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                                                  * * * * * * *
Regulation No. 1148............    Control of Stationary Combustion Turbine Electric Generating Unit Emissions
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Section 1.0....................  Purpose...........         7/11/07  11/10/08 [Insert page    New Section.
                                                                      number where the
                                                                      document begins].
Section 2.0....................  Applicability.....         7/11/07  11/10/08 [Insert page    New Section.
                                                                      number where the
                                                                      document begins].
Section 3.0....................  Definitions.......         7/11/07  11/10/08 [Insert page    New Section.
                                                                      number where the
                                                                      document begins].
Section 4.0....................  NOX Emissions              7/11/07  11/10/08 [Insert page    New Section.
                                  Limitations.                        number where the
                                                                      document begins].
Section 5.0....................  Monitoring and             7/11/07  11/10/08 [Insert page    New Section.
                                  Reporting.                          number where the
                                                                      document begins].
Section 6.0....................  Recordkeeping.....         7/11/07  11/10/08 [Insert page    New Section.
                                                                      number where the
                                                                      document begins].
Section 7.0....................  Penalties.........         7/11/07  11/10/08 [Insert page    New Section.
                                                                      number where the
                                                                      document begins].
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[FR Doc. E8-26398 Filed 11-7-08; 8:45 am]
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