[Federal Register Volume 75, Number 2 (Tuesday, January 5, 2010)]
[Proposed Rules]
[Pages 283-285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-31278]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2009-0804; FRL-9100-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Delaware; Amendment to 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. The revision is an 
amendment to the Electric Generating Unit Multi-Pollutant Regulation of 
Delaware's Administrative Code, and it modifies the sulfur dioxide 
(SO2) mass emissions limit associated with Conectiv Edge 
Moor Unit 5 beginning in calendar year 2009. This action is being taken 
under the Clean Air Act (CAA or the Act).

DATES: Written comments must be received on or before February 4, 2010.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2009-0804 by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. E-mail: [email protected].

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    C. Mail: EPA-R03-OAR-2009-0804, 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-
2009-0804. 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 website 
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: Irene Shandruk, (215) 814-2166, or by 
e-mail at [email protected].

SUPPLEMENTARY INFORMATION: On October 7, 2009, the Delaware Department 
of Natural Resources and Environmental Control (DNREC) submitted a 
revision to its SIP for an amendment to Regulation No. 1146--Electric 
Generating Unit Multi-Pollutant Regulation.

I. Background

    On November 16, 2006, DNREC submitted a revision to the Delaware 
SIP. This SIP revision pertained to a new regulation, Regulation No. 
1146--Electric Generating Unit (EGU) Multi-Pollutant Regulation. The 
regulation was adopted in order to impose lower emissions limits of 
nitrogen oxides (NOx), SO2 and mercury in order to help 
Delaware attain and maintain the national ambient air quality standards 
(NAAQS) for ozone and fine particulate matter (PM2.5), as 
well as to assist Delaware in achieving the emissions reductions needed 
to support the State's 8-hour ozone reasonable further progress plan 
(RFP). EPA approved the SIP revision on August 28, 2008 (73 FR 50723).

II. Summary of SIP Revision

    On October 7, 2009, EPA received a SIP revision to amend to 
Regulation No. 1146. This SIP revision was the result of a settlement 
agreement between Conectiv Delmarva Generating, Inc. and DNREC in 
December 2008. Conectiv had filed an appeal challenging the regulation 
for their Edge Moor 5 facility. The emissions limit of 2,427 tons per 
year limited the facility from operating in extreme circumstances in 
the event that failure at other production units would require them to 
exceed that limit in order to supply the needed electricity. The limit 
of 4,600 tons per year was determined to be an adequate limit after an 
analysis of the facility's history of operation and the estimate of 
future operations using the low sulfur (0.5%) residual fuel to generate 
electricity at the 446 megawatt oil-fired steam generating unit. 
Currently, the facility operates at a 10% capacity factor. If so 
required, the new emissions limit would allow the facility to operate 
at a 45% capacity factor.
    This amendment to Regulation No. 1146 is a reasonable compromise 
between Conectiv and DNREC, which prevented a potential overturning of 
the regulation. Analysis supports that the increase in the 
SO2 emissions limit for the Edge Moor 5 facility will not 
lead to increased SO2 emissions on an annual basis, but will 
enable the facility to operate at a higher capacity if in the unusual 
circumstance it should be needed. Given that an increase in 
SO2 emissions is not expected from what they currently are 
at the facility, this revision will continue to help Delaware attain 
and maintain NAAQS for PM2.5.

III. Proposed Action

    EPA is proposing to approve the Delaware SIP revision for the 
amendment to Regulation No. 1146--Electric Generating Unit Multi-
Pollutant Regulation submitted on October 7, 2009. This revision 
pertains to a modification of the SO2 emissions limit for 
the Conectiv Edge Moor Unit 5 from 2,427 tons per year to 4,600 tons 
per year. 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

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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 
Regulation 1146, the Electric Generating Unit Multi-Pollutant 
Regulation, 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, Sulfur oxides.

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

    Dated: December 17, 2009.
James W. Newsom,
Acting Regional Administrator, Region III.
[FR Doc. E9-31278 Filed 1-4-10; 8:45 am]
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