Federal Register / Vol. 72, No. 95 / Thursday, May 17, 2007 / Proposed Rules 27787 

laws and executive orders for the 

counterpart Federal regulations. 

List of Subjects in 30 CFR Part 948 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: April 19, 2007. 

Michael K. Robinson, 

Acting Regional Director, Appalachian 

Region. 

[FR Doc. E7–9506 Filed 5–16–07; 8:45 am] 

BILLING CODE 4310–05–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2007–0027; FRL–8316–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Electric Generating Unit 

Multi-Pollutant Regulation 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a State Implementation Plan (SIP) 

revision submitted by the State of 

Delaware. This revision pertains to 

establishing limits on the emissions of 

nitrogen oxides (NOX) and sulfur 

dioxide (SO2) from Delaware’s large 

electric generation units (EGUs). This 

action is being taken under the Clean 

Air Act (CAA or the Act). 

DATES: Written comments must be 

received on or before June 18, 2007. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA–

R03–OAR–2007–0027 by one of the 

following methods: 

A. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

B. E-mail: miller.linda@epa.gov. 

C. Mail: EPA–R03–OAR–2007–0027, 

Linda Miller, Acting Chief, Air Quality 

Planning Branch, Mailcode 3AP21, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2007–

0027. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an (anonymous access( system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in http:// 

www.regulations.gov or in hard copy 

during normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. Copies of the State submittal are 

available at the Delaware Department of 

Natural Resources & Environmental 

Control, 89 Kings Highway, P.O. Box 

1401, Dover, Delaware 19901. 

FOR FURTHER INFORMATION CONTACT: Rose 

Quinto, (215) 814–2182, or by e-mail at 

quinto.rose@epa.gov. 

SUPPLEMENTARY INFORMATION: On 

November 16, 2006, the Delaware 

Department of Natural Resources and 

Environmental Control (DNREC) 

submitted a revision to its State 

Implementation Plan (SIP) for 

Regulation No. 1146—Electric 

Generating Unit Multi-Pollutant 

Regulation. 

I. Background 

Regulation No. 1146 establishes NOX, 

SO2 and mercury emissions limits to 

achieve reductions of those pollutants 

from Delaware’s large EGUs of coal-fired 

and residual oil-fired EGUs with a 

nameplate capacity rating of 25 

megawatts (MW) or greater generating 

capacity. Only the NOX and SO2

sections of this regulation will be 

discussed in this rulemaking. The 

mercury sections of this regulation will 

be discussed in a separate rulemaking. 

Regulation No. 1146 will help 

Delaware attain and maintain the 

national ambient air quality standards 

(NAAQS) for ozone and particulate 

matter (PM2.5) and will assist Delaware 

in achieving the emissions reductions 

needed to support Delaware’s 8-hour 

ozone reasonable further progress plan 

(RFP). This multi-pollutant regulation 

will not replace the Federal Clean Air 

Interstate Rule (CAIR) requirements and 

does not relieve affected sources from 

participating in and complying with all 

CAIR cap-and-trade program 

requirements. 

II. Summary of SIP Revision 

Regulation No. 1146 applies to coalfired and residual oil-fired EGUs located 

in Delaware with a nameplate capacity 

rating of 25 MW or greater. The large 

EGUs subject to Regulation No. 1146 are 

Conective Delmarva Generating, Inc.’s 

Edge Moor Generating Station Units 3, 

4 and 5 located in New Castle County; 

the City of Dover’s McKee Run 

Generating Station Unit 3 located in 

Kent County; and NRG Energy, Inc.’s 

Indian River Generating Station Units 1, 

2, 3 and 4 located in Sussex County. 

Regulation No. 1146 also contains 

definitions; emissions limitations for 

NOX and SO2; recordkeeping and 

reporting; compliance plan; and annual 

mass emission limits for NOX and SO2. 

A. Emissions Limitations 

1. NOX

Regulation No. 1146 includes short 

term NOX emission rate limits and will 

be implemented in a phased manner. 

For Phase I, May 1, 2009 through 

December 31, 2011, the short term NOX

emission rate limit is 0.15 lb/MMBTU of 

heat input on a rolling 24-hour average 

basis. For Phase II, January 1, 2012 and 

beyond, the short term NOX emission 

rate limit is 0.125 lb/MMBTU of heat 

input on a rolling 24-hour average basis. 

A unit subject to this regulation shall 

not emit annual NOX mass emissions 

that exceed the values shown in Table 

I on or after January 1, 2009. 


jlentini on PROD1PC65 with PROPOSALS
27788 Federal Register / Vol. 72, No. 95 / Thursday, May 17, 2007 / Proposed Rules 

TABLE I.—ANNUAL NOX MASS

EMISSIONS LIMITS

Unit 

Control period 

NOX mass 

emissions limit 

(tons) 

Edge Moor 3 ..................... 773 

Edge Moor 4 ..................... 1339 

Edge Moor 5 ..................... 1348 

Indian River 1 ................... 601 

Indian River 2 ................... 628 

Indian River 3 ................... 977 

Indian River 4 ................... 2032 

McKee Run 3 .................... 244 

2. SO2

Regulation No. 1146 includes short 

term SO2 emission rate limits and will 

also be implemented in a phased 

manner. For Phase I, May 1, 2009 

through December 31, 2011, the short 

term SO2 emission rate limit is 0.37 lb/ 

MMBTU of heat input on a rolling 24- 

hour average basis. For Phase II, January 

1, 2012 and beyond, the short term SO2

emission rate limit is 0.26 lb/MMBTU of 

heat input on a rolling 24-hour average 

basis. 

A unit subject to this regulation shall 

not emit annual SO2 mass emissions 

that exceed the values shown in Table 

II on or after January 1, 2009. 

TABLE II.—ANNUAL SO2 MASS

EMISSIONS LIMITS

Unit 

Control period 

SO2 mass 

emissions limit 

(tons) 

Edge Moor 3 ..................... 1391 

Edge Moor 4 ..................... 2410 

Edge Moor 5 ..................... 2427 

Indian River 1 ................... 1082 

Indian River 2 ................... 1130 

Indian River 3 ................... 1759 

Indian River 4 ................... 3657 

McKee Run 3 .................... 439 

B. Compliance Demonstration 

NOX and SO2 emissions from multiple 

units subject to Regulation No. 1146 at 

a common facility may be averaged on 

a heat input basis to demonstrate 

compliance. 

Regulation No. 1146 requires 

compliance demonstration with the 

emissions limitations for NOX and SO2

through the use of EPA and DNREC 

approved continuous emissions 

monitoring systems (CEMS). Regulation 

No. 1146 also requires that these CEMS 

must be installed, certified, calibrated, 

operated, and maintained in accordance 

with EPA requirements. For NOX and 

SO2 emissions, Regulation No. 1146 

specifies that CEMS must comply with 

all 40 CFR part 75; including 

monitoring, recordkeeping, quality 

assurance/quality control (QA/QC), and 

reporting requirements. These are the 

same requirements that are necessary for 

compliance with EPA’s CAIR program, 

for which each of the units subject to 

this regulation are also subject. 

C. Compliance Plan 

Regulation No. 1146 requires a 

submission of a compliance plan from 

the owner or operator of a unit subject 

to this regulation to DNREC on or before 

July 1, 2007. 

D. Recordkeeping and Reporting 

Regulation No. 1146 requires 

compliance with all applicable 

recordkeeping and reporting 

requirements of 40 CFR part 75. Owner 

or operator of a unit subject to this 

regulation shall maintain for a period of 

at least 5 years, copies of all 

measurements, tests, reports and other 

information required by 40 CFR part 75. 

This information shall be provided to 

DNREC upon request at anytime. 

III. Proposed Action 

EPA is proposing to approve the 

Delaware SIP revision for Regulation 

No. 1146—Electric Generating Unit 

Multi-Pollutant Regulation submitted on 

November 16, 2006 pertaining to NOX

and SO2. This regulation will result in 

the reduction of NOX and SO2 emissions 

from the affected sources. EPA is 

soliciting public comments on the 

issues discussed in this document. 

These comments will be considered 

before taking final action. 

IV. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this proposed 

action is not a ‘‘significant regulatory 

action’’ and therefore is not subject to 

review by the Office of Management and 

Budget. For this reason, this action is 

also not subject to Executive Order 

13211, ‘‘Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355 (May 

22, 2001)). This action merely proposes 

to approve state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this 

proposed rule will not have a significant 

economic impact on a substantial 

number of small entities under the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). Because this rule proposes to 

approve pre-existing requirements 

under state law and does not impose 

any additional enforceable duty beyond 

that required by state law, it does not 

contain any unfunded mandate or 

significantly or uniquely affect small 

governments, as described in the 

Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4). This proposed rule also 

does not have a substantial direct effect 

on one or more Indian tribes, on the 

relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes, as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000), nor will 

it have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999), because it merely 

proposes to approve a state rule 

implementing a Federal requirement, 

and does not alter the relationship or 

the distribution of power and 

responsibilities established in the Clean 

Air Act. This proposed rule also is not 

subject to Executive Order 13045 (62 FR 

19885, April 23, 1997), because it 

approves a state rule implementing a 

Federal standard. 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. As required by 

section 3 of Executive Order 12988 (61 

FR 4729, February 7, 1996), in issuing 

this proposed rule, EPA has taken the 

necessary steps to eliminate drafting 

errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct. EPA 

has complied with Executive Order 

12630 (53 FR 8859, March 15, 1988) by 

examining the takings implications of 

the rule in accordance with the 

‘‘Attorney General’s Supplemental 

Guidelines for the Evaluation of Risk 

and Avoidance of Unanticipated 

Takings’’ issued under the executive 

order. 

This proposed rule pertaining to 

Delaware’s Electric Generating Unit 

Multi-Pollutant Regulation, does not 


jlentini on PROD1PC65 with PROPOSALS
Federal Register / Vol. 72, No. 95 / Thursday, May 17, 2007 / Proposed Rules 27789 

impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Nitrogen dioxide, 

Ozone, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: May 10, 2007. 

William T. Wisniewski, 

Acting Regional Administrator, Region III. 

[FR Doc. E7–9519 Filed 5–16–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 131 

[EPA–HQ–OW–2007–0259; FRL–8315–3] 

Water Quality Standards for Puerto 

Rico 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing water 

quality standards that would establish 

methods to implement Puerto Rico’s 

existing antidegradation policy for 

waters in the Commonwealth of Puerto 

Rico. 

DATES: Comments must be received on 

or before June 18, 2007. 

EPA will hold a public hearing on this 

proposed rule on Monday June 4, 2007, 

from 2 p.m. to 5 p.m. and from 7 p.m. 

to 9 p.m. The public hearing will occur 

at the Universidad Metropolitana 

(UMET) Theatre, Ave. Ana G. Mendez, 

Km 0.3, Cupey, Puerto Rico 00928. If 

you need special accommodations at 

this meeting, including wheelchair 

access or sign language interpreter, you 

should contact Yasmin Laguer at 787–

997–5848 at least 10 business days prior 

to the meeting so that we can make 

appropriate arrangements. 

ADDRESSES: Submit your comments, 

identified by Docket Id. No. [EPA–HQ–

OW–2007–0259], by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• E-mail: ow-docket@epa.gov. 

• Mail to either: Water Docket, 

USEPA, Mailcode: 2822T, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460 or Docket Manager, Proposed 

Water Quality Standards for Puerto 

Rico, U.S. EPA Region 2, 290 Broadway, 

New York, New York 10007, Attention 

Docket ID No. OW–2007–0259. 

• Hand Delivery: EPA Docket Center, 

EPA West Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC, 20004 or Docket Manager, Proposed 

Water Quality Standards for Puerto 

Rico, U.S. EPA Region 2, 290 Broadway, 

New York, New York 10007, Attention 

Docket ID No. OW–2007–0259. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OW–2007–

0259. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or e-mail. The www.regulations.gov 

website is an ‘‘anonymous access’’

system, which means EPA will not 

know your identity or contact 

information unless you provide it in the 

body of your comment. If you send an 

e-mail comment directly to EPA without 

going through www.regulations.gov your 

e-mail address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

two Docket Facilities. The OW Docket 

Center is open from 8:30 a.m. until 4:30 

p.m, Monday through Friday, excluding 

legal holidays. The Docket telephone 

number is (202) 566–2426 and the 

Docket address is OW Docket, EPA 

West, Room 3334, 1301 Constitution 

Ave., NW., Washington, DC 20004. The 

Public Reading Room is open from 8:30 

a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

telephone number for the Public 

Reading Room is (202) 566–1744. 

Publicly available docket materials are 

also available in hard copy at U.S. EPA 

Region 2, 290 Broadway, 24th Floor, 

New York, New York 10007. This 

location is open from 8:30 a.m. until 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number is (212) 637–3807. Publicly 

available docket materials will be 

viewable electronically at the Caribbean 

Environmental Protection Division, U.S. 

EPA Region 2, 1492 Ponce De Leon 

Avenue, Suite 417, Centro Europa 

Building, San Juan, Puerto Rico 00907. 

This facility is open from 9 a.m. to 3:30 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number is 

(787) 977–5848. 

FOR FURTHER INFORMATION CONTACT: 

Wayne Jackson, U.S. EPA Region 2, 

Division of Environmental Planning and 

Protection, 290 Broadway, New York, 

New York 10007 (telephone: 212–637–

3807 or e-mail: jackson.wayne@epa.gov) 

or Danielle Fuligni, U.S. EPA 

Headquarters, Office of Science and 

Technology, 1200 Pennsylvania 

Avenue, NW., Mail Code 4305T, 

Washington, DC 20460 (telephone: 202–

566–0793 or e-mail: 

fuligni.danielle@epa.gov). 

SUPPLEMENTARY INFORMATION: This 

section is organized as follows: 

Table of Contents 

I. General Information 

A. What Entities May be Affected by This 

Action? 

B. What Should I Consider as I Prepare my 

Comments for EPA? 

II. Background 

A. What Are the Applicable Federal 

Statutory and Regulatory Requirements? 

B. Why Is EPA Proposing Federal 

Antidegradation Implementation 

Methods for the Commonwealth of 

Puerto Rico? 

III. This Proposed Rule 

A. What Are the Proposed Antidegradation 

Implementation Methods to Protect 

Puerto Rico’s High Quality Waters? 

B. How Will Puerto Rico Implement the 

Proposed Antidegradation 

Implementation Methods? 

C. What Are the Cost Implications of the 

Proposed Rule? 

D. Request for Comment 

IV. Statutory and Executive Order Reviews 


jlentini on PROD1PC65 with PROPOSALS