[Federal Register Volume 75, Number 50 (Tuesday, March 16, 2010)]
[Rules and Regulations]
[Pages 12449-12451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5581]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2009-0804; FRL-9127-2]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Amendment to 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. The revision is an amendment to the
Electric Generating Unit Multi-Pollutant Regulation of Delaware's
Administrative Code, and it modifies the sulfur dioxide
(SO2) mass emissions limit associated with Conectiv Edge
Moor Unit 5 beginning in calendar year 2009. This action is being taken
under the Clean Air Act (CAA or the Act).
DATES: Effective Date: This final rule is effective on April 15, 2010.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2009-0804. 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 and Environmental Control, 89
Kings Highway, P.O. Box 1401, Dover, Delaware 19901.
FOR FURTHER INFORMATION CONTACT: Irene Shandruk, (215) 814-2166, or by
e-mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On January 5, 2010 (75 FR 2), EPA published a notice of proposed
rulemaking (NPR) for the State of Delaware. The NPR proposed approval
of Delaware's SIP revision pertaining to
[[Page 12450]]
Regulation No. 1146--Electric Generating Unit (EGU) Multi-Pollutant
Regulation. The regulation was adopted in order to impose lower
emissions limits of nitrogen oxides (NOX) and SO2
in order to help Delaware attain and maintain the national ambient air
quality standards (NAAQS) for ozone and fine particulate matter
(PM2.5), as well as to assist Delaware in achieving the
emissions reductions needed to support the State's 8-hour ozone
reasonable further progress plan (RFP). The formal SIP revision was
submitted by the Delaware Department of Natural Resources and
Environmental Control (DNREC) November 16, 2006. No comments were
received on the NPR.
II. Summary of SIP Revision
On October 7, 2009, EPA received a SIP revision to amend Regulation
No. 1146. This SIP revision was the result of a settlement agreement
between Conectiv Delmarva Generating, Inc. and DNREC in December 2008.
Conectiv had filed an appeal challenging the regulation for their Edge
Moor 5 facility. The emissions limit of 2,427 tons per year limited the
facility from operating in extreme circumstances in the event that
failure at other production units would require them to exceed that
limit in order to supply the needed electricity. The limit of 4,600
tons per year was determined to be an adequate limit after an analysis
of the facility's history of operation and the estimate of future
operations using the low sulfur (0.5%) residual fuel to generate
electricity at the 446 megawatt oil-fired steam generating unit.
Currently, the facility operates at a 10% capacity factor. If so
required, the new emissions limit would allow the facility to operate
at a 45% capacity factor.
The Delaware Department of Natural Resources and Environmental
Control requested that a revision to the State's SIP concerning an
amendment, which modifies the SO2 mass emissions limit
associated with Conectiv Edge Moor Unit 5, be approved.
III. Final Action
Delaware has met the requirements concerning an amendment to the
Electric Generating Unit Multi-Pollutant Regulation of Delaware's
Administrative Code, which modifies the SO2 mass emissions
limit associated with Conectiv Edge Moor Unit 5. The purpose of this
revision is to assist Delaware in achieving the emissions reductions
needed to support the State's 8-hour ozone RFP, and therefore, EPA is
approving it.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as 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 May 17, 2010. 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 approving Delaware's SIP revision
pertaining to an amendment to the Electric Generating Unit Multi-
Pollutant Regulation of Delaware's Administrative Code, which modifies
the SO2 mass emissions limit associated with Conectiv Edge
Moor Unit 5, 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, Particulate matter, and Sulfur
oxides.
Dated: February 25, 2010.
W.C. Early,
Acting Regional Administrator, Region III.
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40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
[[Page 12451]]
Subpart I--Delaware
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2. In Sec. 52.420, the table in paragraph (c) is amended under
Regulation No. 1146 by removing the entry for Table II and adding the
entry for Table 5-1 to read as follows:
Sec. 52.420 Identification of plan.
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(c) * * *
EPA-Approved Regulations in the Delaware SIP
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State Additional
State citation Title/subject effective date EPA approval date explanation
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Regulation No. 1146 Electric Generating Unit (EGU) Multi-Pollutant Regulation NO
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Table 5-1 (Formerly Table II).... Annual SO2 Mass 9/11/08 March 16, 2010 Modified emissions
Emissions Limit. 10/10/09 [Insert page limit for Conectiv
number where the Edge Moor Unit 5.
document begins].
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[FR Doc. 2010-5581 Filed 3-15-10; 8:45 am]
BILLING CODE 6560-50-P