Approval and Promulgation of Air Quality Implementation Plans; Delaware; Electric Generating Unit Multi-Pollutant Regulation, 50723-50726 [E8-19765]
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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:
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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
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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 https://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
https://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.
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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
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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
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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
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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 ............
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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
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12/11/06
12/11/06
12/11/06
12/11/06
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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
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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
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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
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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
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]]>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.
-----------------------------------------------------------------------
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 https://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 https://
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].
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[[Page 50726]]
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[FR Doc. E8-19765 Filed 8-27-08; 8:45 am]
BILLING CODE 6560-50-P
