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[Federal Register: March 16, 2010 (Volume 75, Number 50)]
[Rules and Regulations]               
[Page 12449-12451]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16mr10-7]                         

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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 shandruk.irene@epa.gov.

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.

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.

[[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.

* * * * *
    (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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                                                  * * * * * * *
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                Regulation No. 1146 Electric Generating Unit (EGU) Multi-Pollutant Regulation NO
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                                                  * * * * * * *
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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
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