Approval and Promulgation of Air Quality Implementation Plans; Delaware; Electric Generating Unit Multi-Pollutant Regulation, 27787-27789 [E7-9519]

Download as PDF Federal Register / Vol. 72, No. 95 / Thursday, May 17, 2007 / Proposed Rules laws and executive orders for the counterpart Federal regulations. List of Subjects in 30 CFR Part 948 Intergovernmental relations, Surface mining, Underground mining. Dated: April 19, 2007. Michael K. Robinson, Acting Regional Director, Appalachian Region. [FR Doc. E7–9506 Filed 5–16–07; 8:45 am] BILLING CODE 4310–05–P 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 Environmental Protection Agency (EPA). ACTION: Proposed rule. jlentini on PROD1PC65 with PROPOSALS AGENCY: 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: miller.linda@epa.gov. 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 previouslylisted 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 VerDate Aug<31>2005 17:03 May 16, 2007 Jkt 211001 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. Rose Quinto, (215) 814–2182, or by e-mail at quinto.rose@epa.gov. FOR FURTHER INFORMATION CONTACT: 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 SUPPLEMENTARY INFORMATION: PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 27787 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 coalfired 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. E:\FR\FM\17MYP1.SGM 17MYP1 27788 Federal Register / Vol. 72, No. 95 / Thursday, May 17, 2007 / Proposed Rules TABLE I.—ANNUAL NOX MASS EMISSIONS LIMITS Unit Control period NOX mass emissions limit (tons) Edge Moor 3 ..................... Edge Moor 4 ..................... Edge Moor 5 ..................... Indian River 1 ................... Indian River 2 ................... Indian River 3 ................... Indian River 4 ................... McKee Run 3 .................... 773 1339 1348 601 628 977 2032 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 24hour 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 Unit Control period SO2 mass emissions limit (tons) jlentini on PROD1PC65 with PROPOSALS Edge Moor 3 ..................... Edge Moor 4 ..................... Edge Moor 5 ..................... Indian River 1 ................... Indian River 2 ................... Indian River 3 ................... Indian River 4 ................... McKee Run 3 .................... 1391 2410 2427 1082 1130 1759 3657 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 VerDate Aug<31>2005 17:03 May 16, 2007 Jkt 211001 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 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 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 E:\FR\FM\17MYP1.SGM 17MYP1 Federal Register / Vol. 72, No. 95 / Thursday, May 17, 2007 / Proposed Rules 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] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 131 [EPA–HQ–OW–2007–0259; FRL–8315–3] Water Quality Standards for Puerto Rico Environmental Protection Agency (EPA). ACTION: Proposed rule. jlentini on PROD1PC65 with PROPOSALS AGENCY: SUMMARY: EPA is proposing water quality standards that would establish methods to implement Puerto Rico’s existing antidegradation policy for waters in the Commonwealth of Puerto Rico. DATES: Comments must be received on or before June 18, 2007. EPA will hold a public hearing on this proposed rule on Monday June 4, 2007, from 2 p.m. to 5 p.m. and from 7 p.m. to 9 p.m. The public hearing will occur at the Universidad Metropolitana (UMET) Theatre, Ave. Ana G. Mendez, Km 0.3, Cupey, Puerto Rico 00928. If you need special accommodations at this meeting, including wheelchair access or sign language interpreter, you should contact Yasmin Laguer at 787– 997–5848 at least 10 business days prior to the meeting so that we can make appropriate arrangements. ADDRESSES: Submit your comments, identified by Docket Id. No. [EPA–HQ– OW–2007–0259], by one of the following methods: • www.regulations.gov: Follow the on-line instructions for submitting comments. • E-mail: ow-docket@epa.gov. • Mail to either: Water Docket, USEPA, Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460 or Docket Manager, Proposed Water Quality Standards for Puerto Rico, U.S. EPA Region 2, 290 Broadway, VerDate Aug<31>2005 17:03 May 16, 2007 Jkt 211001 New York, New York 10007, Attention Docket ID No. OW–2007–0259. • Hand Delivery: EPA Docket Center, EPA West Room 3334, 1301 Constitution Ave., NW., Washington, DC, 20004 or Docket Manager, Proposed Water Quality Standards for Puerto Rico, U.S. EPA Region 2, 290 Broadway, New York, New York 10007, Attention Docket ID No. OW–2007–0259. 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–HQ–OW–2007– 0259. 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 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 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. For additional information about EPA’s public docket visit the EPA Docket Center homepage at http:// www.epa.gov/epahome/dockets.htm. Docket: All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 27789 two Docket Facilities. The OW Docket Center is open from 8:30 a.m. until 4:30 p.m, Monday through Friday, excluding legal holidays. The Docket telephone number is (202) 566–2426 and the Docket address is OW Docket, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20004. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744. Publicly available docket materials are also available in hard copy at U.S. EPA Region 2, 290 Broadway, 24th Floor, New York, New York 10007. This location is open from 8:30 a.m. until 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number is (212) 637–3807. Publicly available docket materials will be viewable electronically at the Caribbean Environmental Protection Division, U.S. EPA Region 2, 1492 Ponce De Leon Avenue, Suite 417, Centro Europa Building, San Juan, Puerto Rico 00907. This facility is open from 9 a.m. to 3:30 p.m., Monday through Friday, excluding legal holidays. The telephone number is (787) 977–5848. FOR FURTHER INFORMATION CONTACT: Wayne Jackson, U.S. EPA Region 2, Division of Environmental Planning and Protection, 290 Broadway, New York, New York 10007 (telephone: 212–637– 3807 or e-mail: jackson.wayne@epa.gov) or Danielle Fuligni, U.S. EPA Headquarters, Office of Science and Technology, 1200 Pennsylvania Avenue, NW., Mail Code 4305T, Washington, DC 20460 (telephone: 202– 566–0793 or e-mail: fuligni.danielle@epa.gov). SUPPLEMENTARY INFORMATION: This section is organized as follows: Table of Contents I. General Information A. What Entities May be Affected by This Action? B. What Should I Consider as I Prepare my Comments for EPA? II. Background A. What Are the Applicable Federal Statutory and Regulatory Requirements? B. Why Is EPA Proposing Federal Antidegradation Implementation Methods for the Commonwealth of Puerto Rico? III. This Proposed Rule A. What Are the Proposed Antidegradation Implementation Methods to Protect Puerto Rico’s High Quality Waters? B. How Will Puerto Rico Implement the Proposed Antidegradation Implementation Methods? C. What Are the Cost Implications of the Proposed Rule? D. Request for Comment IV. Statutory and Executive Order Reviews E:\FR\FM\17MYP1.SGM 17MYP1

Agencies

[Federal Register Volume 72, Number 95 (Thursday, May 17, 2007)]
[Proposed Rules]
[Pages 27787-27789]
From the Federal Register Online via the Government Printing 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.

-----------------------------------------------------------------------

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: miller.linda@epa.gov.
    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 quinto.rose@epa.gov.

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]
BILLING CODE 6560-50-P