Approval and Promulgation of Air Quality Implementation Plans; Delaware; Electric Generating Unit Multi-Pollutant Regulation, 50723-50726 [E8-19765]

Download as PDF Federal Register / Vol. 73, No. 168 / Thursday, August 28, 2008 / Rules and Regulations The drawspan will be secured in the closed-to-navigation position, from 6 a.m. on September 3, 2008 through 7 p.m. on November 14, 2008, to allow the City of Petaluma to conduct needed maintenance, which includes; trunion pin replacement, deck resurfacing, and painting of the entire structure. To facilitate the maintenance, the contractor will install scaffolding beneath the bridge deck, reducing the vertical clearance provided for by the bridge in the closed-to-navigation position, by 5 feet. From September through November, 2005–2007, the drawspan averaged 294 openings for vessels. This temporary deviation has been coordinated with waterway users. There will be no impact to commercial waterway users, no dredging is scheduled during this deviation period, and the City of Petaluma Visitors Bureau has been informing recreational waterway users of the maintenance. No objections to the proposed temporary deviation were raised. Vessels that can transit the bridge, while in the closed-to-navigation position, may continue to do so at any time. In the event of an emergency the drawspan can be opened with 24 days advance notice. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the designated time period. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: August 19, 2008. P.F. Zukunft, Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard District. [FR Doc. E8–19991 Filed 8–27–08; 8:45 am] BILLING CODE 4910–15–P Beneficiary Travel Under 38 U.S.C. 111 Within the United States; Correction Department of Veterans Affairs. ACTION: Correcting amendment. AGENCY: mstockstill on PROD1PC66 with RULES FOR FURTHER INFORMATION CONTACT: Tony Guagliardo, Chief Business Office (16), Veterans Health Administration, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420; (202) 254–0406. (This is not a toll-free number.) On June 30, 2008, VA published a final rule in the Federal Register (73 FR 36796) amending its beneficiary travel regulation. The revised regulations, set forth at 38 CFR part 70, provide a mechanism for payment of travel expenses within the United States under 38 U.S.C. 111 to help veterans and other persons obtain care and services from VA’s Veterans Health Administration. In making the necessary edits, a word was accidentally omitted in § 70.10(b). This document corrects the error in § 70.10(b) by removing ‘‘care services’’ and adding, in its place ‘‘care or services’’. SUPPLEMENTARY INFORMATION: List of Subjects in 38 CFR Part 70 Administrative practice and procedure, Alcohol abuse, Alcoholism, Claims, Day care, Dental health, Drug abuse, Foreign relations, Government contracts, Grant programs-health, Grant programs-veterans, Health care, Health facilities, Health professions, Health records, Homeless, Medical and dental schools, Medical devices, Medical research, Mental health programs, Nursing homes, Philippines, Reporting and recordkeeping requirements, Scholarships and fellowships, Travel and transportation expenses, Veterans. For the reason set out in the preamble, VA is correcting 38 CFR part 70 as follows: RIN 2900–AM02 SUMMARY: The Department of Veterans Affairs (VA) published a document in the Federal Register on June 30, 2008 (73 FR 36796), amending its beneficiary travel regulations that provide a mechanism for payment of travel expenses within the United States under 38 U.S.C. 111 to help veterans and other Jkt 214001 Effective Date: August 28, 2008. I 38 CFR Part 70 16:19 Aug 27, 2008 DATES: William F. Russo, Director of Regulations Management. DEPARTMENT OF VETERANS AFFAIRS VerDate Aug<31>2005 persons obtain care and services from VA’s Veterans Health Administration (VHA). That document contained a typographical error. This document corrects that error. PART 70—VHA BENEFICIARY TRAVEL UNDER 38 U.S.C. 111 1. The authority citation for part 70 continues to read as follows: I Authority: 38 U.S.C. 101, 111, 501, 1701, 1714, 1720, 1728, 1782, 1783, E.O 11302. § 70.10 [Amended] 2. In § 70.10, paragraph (b) is amended by removing ‘‘care services’’ and adding, in its place, ‘‘care or services’’. I [FR Doc. E8–19961 Filed 8–27–08; 8:45 am] BILLING CODE 8320–01–P PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 50723 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2007–0027; FRL–8708–6] Approval and Promulgation of Air Quality Implementation Plans; Delaware; Electric Generating Unit Multi-Pollutant Regulation Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: SUMMARY: EPA is approving a State Implementation Plan (SIP) revision submitted by the State of Delaware. This SIP revision establishes limits on the emissions of nitrogen oxides (NOX) and sulfur dioxide (SO2) from Delaware’s large 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 September 29, 2008. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA–R03–OAR–2007–0027. 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: Rose Quinto, (215) 814–2182, or by e-mail at quinto.rose@epa.gov. SUPPLEMENTARY INFORMATION: I. Background On May 17, 2007 (72 FR 27787), EPA published a notice of proposed rulemaking (NPR) for the State of Delaware. The NPR proposed approval of Regulation No. 1146—Electric Generating Unit Multi-Pollutant Regulation. The formal SIP revision was submitted by Delaware on November 16, 2006. E:\FR\FM\28AUR1.SGM 28AUR1 50724 Federal Register / Vol. 73, No. 168 / Thursday, August 28, 2008 / Rules and Regulations mstockstill on PROD1PC66 with RULES II. Summary Regulation No. 1146 establishes limits on the emissions of NOX and SO2 from Delaware’s large EGUs. The large EGUs subject to this regulation are Connective Delmarva Generating, Inc.’s Edge Moor Generating Station Units 3, 4 and 5; City of Dover’s McKee Run Generating Unit 3; and NRG Energy, Inc.’s Indian Generating Station Units 1, 2, 3 and 4. Other specific requirements of Regulation No. 1146 and the rationale for EPA’s proposed action are explained in the NPR and will not be restated here. On June 18, 2007, EPA received comments on its May 17, 2007 NPR. A summary of the comments submitted and EPA’s response is provided in Section III of this document. III. Summary of Public Comments and EPA Responses Comment: The commenter opposes the approval of Regulation No. 1146 since it may be changed or invalidated in the current pending appeals process. Response: EPA disagrees with this comment. Regulation No. 1146 was appealed by three regulated entities: City of Dover’s McKee Run Generating Station; NRG Energy Inc. (NRG); and Connectiv Delmarva Generating Station (Connective). The City of Dover and NRG appeals have been settled, and only Connective remains. Currently, Regulation No. 1146 is in effect and enforceable in Delaware, and at this time, all covered units, including Connectiv units are in the process of designing and installing emission control equipment to meet the requirements of Regulation No. 1146. Comment: The commenter states that the SIP should not include requirements of Regulation No. 1146 that are not necessary for attaining compliance with the 8-hour ozone standard. The following are not elements of DNREC’s plan to attainment of the 8-hour ozone standard: (1) Annual NOX emissions caps, and (2) annual SO2 emissions caps and emission rate limitations. Response: EPA disagrees with the premise of this comment. The reductions associated with Regulation No. 1146, including the annual NOX caps and the annual SO2 caps and emission rate limitations, will support the attainment of the 8-hour ozone and fine particulate matter (PM2.5) NAAQS. The emissions reductions also provide necessary support for the 8-hour ozone reasonable further progress plan. Meeting these goals will help clean Delaware’s air. In understanding EPA’s role with regard to review and approval or disapproval of rules submitted by states as SIP revisions, EPA can only VerDate Aug<31>2005 16:19 Aug 27, 2008 Jkt 214001 take action upon the final adopted versions of a state’s regulation as submitted by that state in its SIP revision request, and must approve a SIP that meets the minimum requirements of the CAA. It is not within EPA’s authority, by its rulemaking on the SIP revision or otherwise, to change or modify the text or substantive requirements of a state regulation. Therefore, EPA cannot modify Delaware’s regulation as recommended in the comment. Comment: The commenter states that Regulation No. 1146 overwrites the carefully-balanced provisions of the Clean Air Interstate Rule (CAIR). The units covered by Regulation No. 1146 are subject to CAIR and have already been allocated annual and ozone season NOX allowances under the CAIR Federal Implementation Plan (FIP) for Delaware. Regulation No. 1146 imposes inconsistent NOX and SO2 emission requirements on these same units. Requirements to comply with these additional state regulations are unnecessary and unduly burdensome for affected owners. Response: EPA disagrees with this comment. Regulation No. 1146 is not intended to replace the Federal CAIR requirements and does not relieve affected sources from participating in and complying with any CAIR cap-andtrade program requirements. The recent decision by the District Court for the District of Columbia Circuit in North Carolina v. EPA, No. 05–1244 (July 11, 2008), when final, would vacate CAIR. If CAIR is eventually vacated pursuant to the Court decision, the commenter’s concern will no longer exist. However, even if CAIR remains in effect, a State may establish and may be required to establish requirements, including requirements for units covered by CAIR, to address local nonattainment problems. CAIR addresses the state’s section 110(a)(2)(D) obligation to eliminate significant contribution to downwind nonattainment on the PM2.5 and 8-hour ozone NAAQS. In addition to meeting their 110(a)(2)(D) obligations, states are obliged to adopt such additional SIP provisions as are necessary to address NAAQS nonattainment within their own borders. In addition, they retain authority under section 116 of the CAA to adopt regulations more stringent than federal minimum requirements. The commenter has not identified, and indeed could not identify, any requirement of CAIR that prohibits states from adopting such emission reduction requirements or emission caps. For these reasons, Regulation No. 1146, thus, is not inconsistent with PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 CAIR and the commenter’s conclusions are incorrect, because, although more stringent than CAIR, it is intended to address such local contributions to nonattainment areas. EPA therefore concludes that Regulation No. 1146 is approvable whether or not CAIR is eventually vacated. IV. Final Action EPA is approving Delaware’s EGU Multi-Pollutant Regulation as a revision to Delaware SIP that was 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. V. Statutory and Executive Order Reviews A. General Requirements Under the CAA, 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 CAA. 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 E:\FR\FM\28AUR1.SGM 28AUR1 50725 Federal Register / Vol. 73, No. 168 / Thursday, August 28, 2008 / Rules and Regulations Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; 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 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 October 27, 2008. 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, pertaining to Delaware’s EGU Multi-Pollutant Regulation, 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, Ozone, Reporting and recordkeeping requirements, Sulfur oxides. Dated: August 18, 2008. William T. Wisniewski, Acting Regional Administrator, Region III. I 40 CFR part 52 is amended as follows: PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: I Authority: 42 U.S.C. 7401 et seq. Subpart I—Delaware 2. In § 52.420, the table in paragraph (c) is amended by adding entries for Regulation No. 1146—Electric Generating Unit Multi-Pollutant Regulation at the end of the table to read as follows: I § 52.420 * Identification of plan. * * (c) * * * * * EPA-APPROVED REGULATIONS IN THE DELAWARE SIP State citation * Title/subject * State effective date * Regulation No. 1146 * Preamble .............. 12/11/06 Section 2.0 ............ Applicability ........... 12/11/06 Section 3.0 ............ Definitions ............. 12/11/06 Section 4.0 ............ 12/11/06 Section 8.0 ............ NOX Emissions Limitations. SO2 Emissions Limitations. Recordkeeping and Reporting. Compliance Plan .. Section 9.0 ............ Penalties ............... 12/11/06 Table I ................... Annual NOX Mass Emissions Limits. Annual SO2 Mass Emissions Limits. 12/11/06 Section 7.0 ............ mstockstill on PROD1PC66 with RULES Table II .................. VerDate Aug<31>2005 Additional explanation * * * Electric Generating Unit (EGU) Multi-Pollutant Regulation Section 1.0 ............ Section 5.0 ............ EPA approval date 16:19 Aug 27, 2008 Jkt 214001 12/11/06 12/11/06 12/11/06 12/11/06 PO 00000 Frm 00025 08/28/08 [Insert page number the document begins]. 08/28/08 [Insert page number the document begins]. 08/28/08 [Insert page number the document begins]. 08/28/08 [Insert page number the document begins]. 08/28/08 [Insert page number the document begins]. 08/28/08 [Insert page number the document begins]. 08/28/08 [Insert page number the document begins]. 08/28/08 [Insert page number the document begins]. 08/28/08 [Insert page number the document begins]. 08/28/08 [Insert page number the document begins]. Fmt 4700 Sfmt 4700 where where where Except for provisions pertaining to mercury emissions. Except for provisions pertaining to mercury emissions. Except for provisions pertaining to mercury emissions. where where where where where Except for provisions pertaining to mercury emissions. Except for provisions pertaining to mercury emissions. Except for provisions pertaining to mercury emissions. where where E:\FR\FM\28AUR1.SGM 28AUR1 50726 * * Federal Register / Vol. 73, No. 168 / Thursday, August 28, 2008 / Rules and Regulations * * * [FR Doc. E8–19765 Filed 8–27–08; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket No. FEMA–8037] Suspension of Community Eligibility Federal Emergency Management Agency, Department of Homeland Security. ACTION: Final rule. mstockstill on PROD1PC66 with RULES AGENCY: SUMMARY: This rule identifies communities, where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP), that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation proving the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice will be provided by publication in the Federal Register on a subsequent date. DATES: Effective Dates: The effective date of each community’s scheduled suspension is the third date (‘‘Susp.’’) listed in the third column of the following tables. FOR FURTHER INFORMATION CONTACT: If you want to determine whether a particular community was suspended on the suspension date or obtain additional information, contact David Stearrett, Federal Emergency Management Agency, Mitigation Directorate, 500 C Street, SW., Washington, DC 20472, (202) 646–2953. SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase flood insurance which is generally not otherwise available. In return, communities agree to adopt and administer local floodplain management aimed at protecting lives and new construction from future flooding. Section 1315 of the National Flood VerDate Aug<31>2005 16:19 Aug 27, 2008 Jkt 214001 Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits flood insurance coverage as authorized under the NFIP, 42 U.S.C. 4001 et. seq.; unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed in this document no longer meet the statutory requirement for compliance with program regulations, 44 CFR part 59. Accordingly, the communities will be suspended on the effective date in the third column. As of that date, flood insurance will no longer be available in the community. However, some of these communities may adopt and submit the required documentation of legally enforceable floodplain management measures after this rule is published but prior to the actual suspension date. These communities will not be suspended and will continue their eligibility for the sale of insurance. A notice withdrawing the suspension of the communities will be published in the Federal Register. Previously, FEMA identified the Special Flood Hazard Areas (SFHAs) in these communities by publishing a Flood Insurance Rate Map (FIRM). The date of the FIRM, if one has been published, is indicated in the fourth column of the table. No direct Federal financial assistance (except assistance pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act not in connection with a flood) may legally be provided for construction or acquisition of buildings in identified SFHAs for communities not participating in the NFIP and identified for more than a year, on the FEMA initial flood insurance map of the community as having flood-prone areas (section 202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against certain types of Federal assistance becomes effective for the communities listed on the date shown in the last column. The Administrator finds the notice and public comment under 5 U.S.C. 553(b) are impracticable and unnecessary because the communities listed in this final rule have been adequately notified. Each community receives 6-month, 90-day, and 30-day notification letters addressed to the Chief Executive Officer stating the community will be suspended unless the required floodplain management measures are PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 met prior to the effective suspension date. Since these notifications were made, this final rule may take effect within less than 30 days. National Environmental Policy Act. This rule is categorically excluded from the requirements of 44 CFR Part 10, Environmental Considerations. No environmental impact assessment has been prepared. Regulatory Flexibility Act. The Administrator has determined this rule is exempt from the requirements of the Regulatory Flexibility Act because the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits flood insurance coverage unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed no longer comply with the statutory requirements, and after the effective date, flood insurance will no longer be available in the communities unless remedial action takes place. Regulatory Classification. This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. Executive Order 13132, Federalism. This rule involves no policies that have federalism implications under Executive Order 13132. Executive Order 12988, Civil Justice Reform. This rule meets the applicable standards of Executive Order 12988. Paperwork Reduction Act. This rule does not involve any collection of information for purposes of the Paperwork Reduction Act, 44 U.S.C. 3501 et. seq. List of Subjects in 44 CFR Part 64 Flood insurance, Floodplains. Accordingly, 44 CFR part 64 is amended as follows: I PART 64—[AMENDED] 1. The authority citation for part 64 continues to read as follows: I Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp.; p. 376. § 64.6 [Amended] 2. The tables published under the authority of § 64.6 are amended as follows: I E:\FR\FM\28AUR1.SGM 28AUR1

Agencies

[Federal Register Volume 73, Number 168 (Thursday, August 28, 2008)]
[Rules and Regulations]
[Pages 50723-50726]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-19765]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2007-0027; FRL-8708-6]


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

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 SIP revision establishes 
limits on the emissions of nitrogen oxides
    (NOX) and sulfur dioxide (SO2) from 
Delaware's large 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 September 29, 
2008.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2007-0027. 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: Rose Quinto, (215) 814-2182, or by e-
mail at quinto.rose@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    On May 17, 2007 (72 FR 27787), EPA published a notice of proposed 
rulemaking (NPR) for the State of Delaware. The NPR proposed approval 
of Regulation No. 1146--Electric Generating Unit Multi-Pollutant 
Regulation. The formal SIP revision was submitted by Delaware on 
November 16, 2006.

[[Page 50724]]

II. Summary

    Regulation No. 1146 establishes limits on the emissions of 
NOX and SO2 from Delaware's large EGUs. The large 
EGUs subject to this regulation are Connective Delmarva Generating, 
Inc.'s Edge Moor Generating Station Units 3, 4 and 5; City of Dover's 
McKee Run Generating Unit 3; and NRG Energy, Inc.'s Indian Generating 
Station Units 1, 2, 3 and 4. Other specific requirements of Regulation 
No. 1146 and the rationale for EPA's proposed action are explained in 
the NPR and will not be restated here. On June 18, 2007, EPA received 
comments on its May 17, 2007 NPR. A summary of the comments submitted 
and EPA's response is provided in Section III of this document.

III. Summary of Public Comments and EPA Responses

    Comment: The commenter opposes the approval of Regulation No. 1146 
since it may be changed or invalidated in the current pending appeals 
process.
    Response: EPA disagrees with this comment. Regulation No. 1146 was 
appealed by three regulated entities: City of Dover's McKee Run 
Generating Station; NRG Energy Inc. (NRG); and Connectiv Delmarva 
Generating Station (Connective). The City of Dover and NRG appeals have 
been settled, and only Connective remains. Currently, Regulation No. 
1146 is in effect and enforceable in Delaware, and at this time, all 
covered units, including Connectiv units are in the process of 
designing and installing emission control equipment to meet the 
requirements of Regulation No. 1146.

    Comment: The commenter states that the SIP should not include 
requirements of Regulation No. 1146 that are not necessary for 
attaining compliance with the 8-hour ozone standard. The following are 
not elements of DNREC's plan to attainment of the 8-hour ozone 
standard: (1) Annual NOX emissions caps, and (2) annual 
SO2 emissions caps and emission rate limitations.
    Response: EPA disagrees with the premise of this comment. The 
reductions associated with Regulation No. 1146, including the annual 
NOX caps and the annual SO2 caps and emission 
rate limitations, will support the attainment of the 8-hour ozone and 
fine particulate matter (PM2.5) NAAQS. The emissions 
reductions also provide necessary support for the 8-hour ozone 
reasonable further progress plan. Meeting these goals will help clean 
Delaware's air. In understanding EPA's role with regard to review and 
approval or disapproval of rules submitted by states as SIP revisions, 
EPA can only take action upon the final adopted versions of a state's 
regulation as submitted by that state in its SIP revision request, and 
must approve a SIP that meets the minimum requirements of the CAA. It 
is not within EPA's authority, by its rulemaking on the SIP revision or 
otherwise, to change or modify the text or substantive requirements of 
a state regulation. Therefore, EPA cannot modify Delaware's regulation 
as recommended in the comment.
    Comment: The commenter states that Regulation No. 1146 overwrites 
the carefully-balanced provisions of the Clean Air Interstate Rule 
(CAIR). The units covered by Regulation No. 1146 are subject to CAIR 
and have already been allocated annual and ozone season NOX 
allowances under the CAIR Federal Implementation Plan (FIP) for 
Delaware. Regulation No. 1146 imposes inconsistent NOX and 
SO2 emission requirements on these same units. Requirements 
to comply with these additional state regulations are unnecessary and 
unduly burdensome for affected owners.
    Response: EPA disagrees with this comment. Regulation No. 1146 is 
not intended to replace the Federal CAIR requirements and does not 
relieve affected sources from participating in and complying with any 
CAIR cap-and-trade program requirements. The recent decision by the 
District Court for the District of Columbia Circuit in North Carolina 
v. EPA, No. 05-1244 (July 11, 2008), when final, would vacate CAIR. If 
CAIR is eventually vacated pursuant to the Court decision, the 
commenter's concern will no longer exist. However, even if CAIR remains 
in effect, a State may establish and may be required to establish 
requirements, including requirements for units covered by CAIR, to 
address local nonattainment problems. CAIR addresses the state's 
section 110(a)(2)(D) obligation to eliminate significant contribution 
to downwind nonattainment on the PM2.5 and 8-hour ozone 
NAAQS. In addition to meeting their 110(a)(2)(D) obligations, states 
are obliged to adopt such additional SIP provisions as are necessary to 
address NAAQS nonattainment within their own borders. In addition, they 
retain authority under section 116 of the CAA to adopt regulations more 
stringent than federal minimum requirements. The commenter has not 
identified, and indeed could not identify, any requirement of CAIR that 
prohibits states from adopting such emission reduction requirements or 
emission caps. For these reasons, Regulation No. 1146, thus, is not 
inconsistent with CAIR and the commenter's conclusions are incorrect, 
because, although more stringent than CAIR, it is intended to address 
such local contributions to nonattainment areas. EPA therefore 
concludes that Regulation No. 1146 is approvable whether or not CAIR is 
eventually vacated.

IV. Final Action

    EPA is approving Delaware's EGU Multi-Pollutant Regulation as a 
revision to Delaware SIP that was 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.

V. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, 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 CAA. 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

[[Page 50725]]

Act of 1995 (15 U.S.C. 272 note) because application of those 
requirements would be inconsistent with the CAA; 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 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 October 27, 2008. 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, pertaining to Delaware's EGU Multi-Pollutant 
Regulation, 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, Ozone, Reporting and recordkeeping 
requirements, Sulfur oxides.

    Dated: August 18, 2008.
William T. Wisniewski,
Acting 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 No. 1146--Electric Generating Unit Multi-
Pollutant Regulation at the end of the table to read as follows:


Sec.  52.420  Identification of plan.

* * * * *
    (c) * * *

                                  EPA-Approved Regulations in the Delaware SIP
----------------------------------------------------------------------------------------------------------------
                                                  State effective                                Additional
        State citation           Title/subject          date          EPA approval date         explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
          Regulation                       Electric Generating Unit (EGU) Multi-Pollutant Regulation
           No. 1146
----------------------------------------------------------------------------------------------------------------
Section 1.0..................  Preamble........           12/11/06  08/28/08 [Insert page  Except for provisions
                                                                     number where the       pertaining to
                                                                     document begins].      mercury emissions.
Section 2.0..................  Applicability...           12/11/06  08/28/08 [Insert page  Except for provisions
                                                                     number where the       pertaining to
                                                                     document begins].      mercury emissions.
Section 3.0..................  Definitions.....           12/11/06  08/28/08 [Insert page  Except for provisions
                                                                     number where the       pertaining to
                                                                     document begins].      mercury emissions.
Section 4.0..................  NOX Emissions              12/11/06  08/28/08 [Insert page  .....................
                                Limitations.                         number where the
                                                                     document begins].
Section 5.0..................  SO2 Emissions              12/11/06  08/28/08 [Insert page  .....................
                                Limitations.                         number where the
                                                                     document begins].
Section 7.0..................  Recordkeeping              12/11/06  08/28/08 [Insert page  Except for provisions
                                and Reporting.                       number where the       pertaining to
                                                                     document begins].      mercury emissions.
Section 8.0..................  Compliance Plan.           12/11/06  08/28/08 [Insert page  Except for provisions
                                                                     number where the       pertaining to
                                                                     document begins].      mercury emissions.
Section 9.0..................  Penalties.......           12/11/06  08/28/08 [Insert page  Except for provisions
                                                                     number where the       pertaining to
                                                                     document begins].      mercury emissions.
Table I......................  Annual NOX Mass            12/11/06  08/28/08 [Insert page  .....................
                                Emissions                            number where the
                                Limits.                              document begins].
Table II.....................  Annual SO2 Mass            12/11/06  08/28/08 [Insert page  .....................
                                Emissions                            number where the
                                Limits.                              document begins].
----------------------------------------------------------------------------------------------------------------


[[Page 50726]]

* * * * *
[FR Doc. E8-19765 Filed 8-27-08; 8:45 am]
BILLING CODE 6560-50-P