[Federal Register Volume 66, Number 115 (Thursday, June 14, 2001)]
[Rules and Regulations]
[Pages 32231-32235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14898]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[DE053-1029a; FRL-6996-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Delaware; Conversion of the Conditional Approval of the NO<INF>X</INF> 
RACT Regulation to a Full Approval and Approval of NO<INF>X</INF> RACT 
Determinations for Three Sources

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the 
Delaware State Implementation Plan (SIP) submitted by the Delaware 
Department of Natural Resources and Environmental Control (DNREC). 
These revisions were submitted to satisfy the condition imposed by EPA 
in its conditional limited approval of Delaware's regulation requiring 
reasonably available control technology (RACT) for major sources of 
nitrogen oxides ( NO<INF>X</INF>). This action converts EPA's 
conditional limited approval of Delaware Regulation 12, Control of 
NO<INF>X</INF> Emissions, to a full approval. EPA is also taking direct 
final action to approve three source-specific NO<INF>X</INF> RACT 
determinations. These actions are being taken under the Clean Air Act 
(CAA).

DATES: This rule is effective on August 13, 2001 without further 
notice, unless EPA receives adverse written comment by July 16, 2001. 
If EPA receives such comments, it will publish a timely withdrawal of 
the direct final rule in the Federal Register and inform the public 
that the rule will not take effect.

ADDRESSES: Written comments should be mailed to David L. Arnold, Chief, 
Air Quality Planning and Information Services Branch, Mailcode 3AP21, 
U.S. Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103. Copies of the documents relevant to 
this action are available for public inspection during normal business

[[Page 32232]]

hours at the Air Protection Division, U.S. Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103; 
and Delaware Department of Natural Resources & Environmental Control, 
89 Kings Highway, Dover Delaware 19901.

FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182 and Melik 
Spain, (215) 814-2299, at the EPA Region III address above, or by e-
mail at <a href="/cdn-cgi/l/email-protection#f786829e998398d985988492b7928796d9909881"><span class="__cf_email__" data-cfemail="b3c2c6daddc7dc9dc1dcc0d6f3d6c3d29dd4dcc5">[email protected]</span></a> and <a href="/cdn-cgi/l/email-protection#0f7c7f6e666121626a6366644f6a7f6e21686079"><span class="__cf_email__" data-cfemail="463536272f28682b232a2f2d0623362768212930">[email protected]</span></a>. 

SUPPLEMENTARY INFORMATION:

I. Background

    Pursuant to sections 182(b)(2) and 182(f) of CAA, Delaware is 
required to implement RACT for all major NO<INF>X</INF> sources. The 
major source size is determined by its location, the classification of 
that area and whether it is located in the ozone transport region 
(OTR), which is established by the CAA. The Delaware portion of the 
Philadelphia-Wilmington-Trenton ozone nonattainment area consists of 
New Castle and Kent Counties and is classified as severe. Under section 
184 of the CAA, at a minimum, moderate ozone nonattainment area 
requirements, including RACT as specified in sections 182(b)(2) and 
182(f), apply throughout the OTR. The entire State of Delaware is in 
the OTR. Therefore, RACT is applicable statewide in Delaware.
    On June 16, 1999 (64 FR 32187), EPA granted conditional limited 
approval of Delaware's Regulation 12, Control of NO<INF>X</INF> 
Emissions which requires all major sources of NO<INF>X</INF> to 
implement RACT. Section 5 of Regulation 12 provides for DNREC to make 
source-specific NO<INF>X</INF> RACT determinations and to submit them 
to EPA as SIP revisions. To fulfill the condition imposed by EPA in its 
June 16, 1999 conditional limited approval of Regulation 12, DNREC was 
required to certify, by no later than July 17, 2000, that it had 
submitted all required case-by-case NO<INF>X</INF> RACT determinations 
for all known subject sources to EPA. The conditional nature of EPA's 
June 16, 1999 approval of Regulation 12 would be removed once EPA 
determined that DNREC had satisfied this condition. The limited nature 
of EPA's June 16, 1999 approval would be removed once EPA had approved 
all of the case-by-case RACT determinations submitted by DNREC in 
fulfillment of the condition described above.

II. Summary of SIP Revision and EPA's Evaluation

    On July 13, 2000, DNREC formally submitted revisions to its SIP 
consisting of four case-by-case RACT determinations made for four 
processes located at three separate major sources of NO<INF>X</INF> in 
Delaware. The July 13, 2000 submittal also included certification by 
the Secretary of DNREC that the four case-by-case RACT determinations 
submitted to EPA to establish RACT at these three major sources of 
NO<INF>X</INF> represent all required case-by-case NO<INF>X</INF> RACT 
determinations for all known subject sources. EPA has determined that 
DNREC has satisfied the condition imposed in the June 16, 1999 
conditional limited approval (64 FR 32187).
    The three major sources for which DNREC has submitted case-by-case 
RACT determinations are: SPI Polyols, Incorporated, New Castle; 
CitiSteel, Claymont; and General Chemical Corporation, Claymont. The 
NO<INF>X</INF> RACT determinations and requirements of each source are 
included in the Delaware Register of Regulations, Volume 3, Issue 12, 
June 1, 2000. The specific NO<INF>X</INF> RACT determinations for these 
three sources are summarized below.

Case-by-Case NO<INF>X</INF> RACT Evaluations

    SPI Polyols, Incorporated, Atlas Point Site, New Castle, Delaware: 
SPI Polyols, Incorporated (SPI) operates a Polyhydrate Alcohol Catalyst 
Regenerative process at its Atlas Point Plant in New Castle County, 
Delaware. This batch process involves treatment and regeneration of the 
spent nickel catalyst that is recovered from process waste streams of 
the sugar reduction process. One step in the catalyst regeneration 
process involves the use of nitric acid (HNO<INF>3</INF>) digesters. 
SPI operates 4 batch HNO<INF>3</INF> digesters. The exothermic reaction 
of HNO<INF>3</INF> with spent nickel catalyst generates NO<INF>X</INF>. 
The NO<INF>X</INF> emissions are mainly associated with the addition of 
HNO<INF>3</INF> to the digester tanks. Stack testing at the site 
indicates that the average emissions rate from this process is 
approximately 0.8 pounds per hour, or 3.5 tons of NO<INF>X</INF> per 
year. DNREC imposes two means of controlling the NO<INF>X</INF> 
emissions that come from this process: (1) Process control and (2) 
operation of a counter flow spray scrubbing system and packed column. 
With respect to process control, SPI must minimize the formation of 
NO<INF>X</INF> by controlling the rate of HNO<INF>3</INF> added to the 
digesters. SPI must submerge the HNO<INF>3</INF> feed into the mixing 
zone of the digester tank. SPI must add HNO<INF>3</INF> to only one 
digester tank at any particular time under a controlled temperature 
range. SPI must monitor the flow rate of HNO<INF>3</INF> addition and 
calibrate each HNO<INF>3</INF> flow meter and temperature monitor in 
accordance with the recommendations of the manufacturer, using sound 
engineering and air pollution control practices. With respect to the 
scrubber system, off-gas from the digester tanks will be collected and 
routed to the scrubber. There are to be no visible emissions at the 
scrubber outlet. There are two water spray nozzles at the bottom of the 
scrubber, upstream of the column, to cool the temperature of the gas 
before entering the column. The column is packed with plastic. The 
scrubbing system is equipped with an air dilution valve to promote the 
oxidation of any NO<INF>X</INF> to water soluble nitrogen dioxide. It 
should be noted that the scrubber treats NO<INF>X</INF> from a process 
that operates in batch mode. Therefore, NO<INF>X</INF> emissions are 
not continuous. Moreover, emissions of NO<INF>X</INF> from this process 
are inherently low. At temperatures of 70 to 120 degrees Fahrenheit, 
NO<INF>X</INF> concentrations of approximately 5 to 350 parts per 
million (ppm), and flow rates of 2000 to 9000 square cubic feet per 
minute (scfm); the reaction rates are slow and the removal of 
NO<INF>X</INF> using a water contact scrubber is minimal. Therefore, 
DNREC views NO<INF>X</INF> RACT as maintenance of these low 
NO<INF>X</INF> levels using the scrubber. SPI must inspect the 
components of the scrubber and calibrate the differential pressure 
gauge pursuant to the manufacturer's recommendation at least once per 
year. The scrubber will be operated using good engineering and air 
pollution control practices. DNREC has imposed record-keeping 
requirements on SPI sufficient to determine compliance with the 
applicable RACT determinations. EPA is approving the NO<INF>X</INF> 
RACT determination made by DNREC for SPI as a revision to the Delaware 
SIP.
    CitiSteel USA, Incorporated, Claymont, Delaware: Citisteel USA, 
Incorporated (Citisteel) produces molten steel by melting scrap steel. 
Citisteel operates an Electric Arc Furnace (EAF) rated at a 150 tons 
per charge. The EAF is operated in a batch mode. Citisteel's EAF 
operates at temperatures above 3,000 degrees Farenheit, which is 
conducive to thermal NO<INF>X</INF> formation. The majority of the 
facility's NO<INF>X</INF> emissions result from conditions conducive 
for thermal NO<INF>X</INF> formation combined with the infiltration of 
ambient shop air. Nitrogen contained in the scrap steel is oxidized and 
released inside the EAF vessel, but contributes very little to the 
total NO<INF>X</INF> emissions. Stack tests conducted on April 24 and 
25, 1996 established an average emission rate of 0.36 pounds per ton of 
steel produced or 97.2 tons of NO<INF>X</INF> per

[[Page 32233]]

year based 540,000 tons of steel produced per year. Typical fuel fired 
combustion equipment applied to NO<INF>X</INF> emitting sources are not 
technically feasible for an EAF. As noted above, the EAF operates in 
batches and thus has varying temperatures and flow rates as well as 
high particulate concentrations that would blind a catalyst. Therefore, 
DNREC will impose no additional requirements on the Citisteel's EAF 
operations. A well designed exhaust system constitutes RACT in 
compliance with Regulation No. 12 of the Delaware Regulations Governing 
the Control of Air Pollution. EPA is approving Delaware's submittal 
containing the NO<INF>X</INF> RACT determination made by DNREC for 
Citisteel's steel manufacturing operations.
    General Chemical Corporation, Claymont, Delaware: General Chemical 
Corporation (General Chem) has two process operations subject to a 
NO<INF>X</INF> RACT evaluation: (1) A sulfuric acid 
(H<INF>2</INF>SO<INF>4</INF>) and interstage absorption system (ISA) 
process and (2) a metallic nitrite process. The 
H<INF>2</INF>SO<INF>4</INF>/ISA process involves burning elemental 
sulfur, spent H<INF>2</INF>SO<INF>4</INF>, and hydrogen sulfide to 
generate sulfur dioxide. Sulfur dioxide is catalytically oxidized to 
sulfur trioxide and is absorbed into strong 
H<INF>2</INF>SO<INF>4</INF>. General Chem uses two boilers rated at 46 
million British thermal units (MMBtu) per hour to conduct this burning 
process. Nitrogen oxide emissions are only generated by the burning 
process. The combustion of sulfur is not is not burned primarily for 
heat. The sulfur used in the burning process is highly exothermic, 
providing the majority of the heat to the burners and is in and of 
itself a low nitrogen bound fuel. The combustion gases are an integral 
part of the ISA process. Therefore, DNREC determined that combustion 
modifications are not warranted. The DNREC also confirmed that the low 
exhaust concentrations of NO<INF>X</INF> (26.74 ppm or 0.2 lbs. per 
MMBtu), combined with the high flow rates (54,737 scfm), and the low 
combustion temperatures disqualifies wet scrubbing as a means of 
pollution control. Selective catalytic reduction cannot be used due to 
the existence of particulate matter. Therefore, DNREC imposed no 
additional controls on General Chem for its 
H<INF>2</INF>SO<INF>4</INF>/ISA processes. EPA is approving DNREC's 
NO<INF>X</INF> RACT determination for General Chem's 
H<INF>2</INF>SO<INF>4</INF>/ISA processes.
    General Chem's metallic nitrite process is a batch process that 
produces a 50% solution of potassium nitrite (KNO<INF>2</INF>). The 
process involves reacting controlled quantities of ammonia and air over 
a catalyst. The air-ammonia mixture reacts to form nitric oxide and 
water, which combines with oxygen to form nitrogen dioxide. The mixture 
of nitric oxide and nitrogen dioxide is absorbed using potassium 
hydroxide (KOH) which yields KNO<INF>2</INF>. The rate of 
NO<INF>X</INF> formation is proportional to the level of free 
alkalinity in the absorption tower. As the batch process progresses, 
the absorption of NO<INF>X</INF> by KOH decreases, so there is less 
potassium available to form KNO<INF>2</INF>. Hence, the air to ammonia 
feed rate is of particular interest in controlling NO<INF>X</INF> 
levels from this batch process. The metallic nitrite process 
incorporates an off-gas single stage packed tower scrubber which uses 
KOH to absorb the majority of the NO<INF>X</INF> emissions that are 
generated. The DNREC determined that RACT is continued operation of the 
scrubber. The scrubber must be tested and calibrated according to the 
manufacturer's specification and operated using good engineering and 
air pollution control practices. General Chem must also monitor and 
keep continuous records of pressure drop, the level of free alkalinity 
in the scrubber liquor, and the air to ammonia feed rate to the 
process. EPA is approving DNREC's NO<INF>X</INF> RACT determination for 
General Chem's metallic nitrite process.

III. Final Action

    EPA is approving revisions to the Delaware's SIP submitted by DNREC 
on July 13, 2000 which include certification by the Secretary of DNREC 
that the four case-by-case RACT determinations submitted to EPA (as 
part of that same July 13, 2000 submittal) establishing RACT for four 
processes located at three major sources of NO<INF>X</INF> represent 
all required case-by-case NO<INF>X</INF> RACT determinations for all 
known subject sources. EPA is also approving those RACT determinations 
made by DNREC for three major sources of NO<INF>X</INF> in Delaware. As 
a result of these approvals, both the conditional and limited nature of 
EPA's June 16, 1999 approval of Delaware's Regulation 12 are, hereby, 
removed and converted to a full approval. This action is being 
published without prior proposal because we view this as a 
noncontroversial amendment and because we anticipate no adverse 
comments. In a separate document in the ``Proposed Rules'' section of 
this Federal Register publication, we are proposing to approve the 
Delaware SIP revision that establishes and requires RACT for three 
major sources of NO<INF>X</INF>. This action will be effective without 
further notice unless we receive relevant adverse comment by July 16, 
2001. If we receive such comment, we will publish a timely withdrawal 
in the Federal Register informing the public that the rule will not 
take effect. We will address all public comments in a subsequent final 
rule based on the proposed rule. Any parties interested in commenting 
must do so at this time. If no such comments are received by July 16, 
2001, you are advised that this action will be effective on August 13, 
2001.

IV. Administrative Requirements

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. This action 
merely approves state law as meeting federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this 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 approves 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 (Public Law 104-4). This 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 approves a state rule implementing a federal standard, and does 
not alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act. This rule also is 
not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), 
because it is not economically significant.
    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

[[Page 32234]]

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 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 rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).

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 rule 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. This rule 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 August 13, 2001. Filing a 
petition for reconsideration by the Administrator of the rule approving 
Delaware's NO<INF>X</INF> RACT regulation and three source-specific 
RACT determinations does not affect the finality of this rule 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 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, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements.

    Dated: May 31, 2001.
Elaine B. Wright,
Acting Regional Administrator, Region III.


    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

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

Subpart I--Delaware

    2. In Sec. 52.424, paragraph (d) is removed and reserved.

    3. Section 52.420 is amended:
    a. In the table in paragraph (c) is amended by revising the 
existing entries for Regulation 12, Sections 1 to 7.
    b. In the table in paragraph (d) by revising the title of the table 
and by adding the entries for ``SPI Polyols, Inc.'', ``Citisteel'', and 
``General Chemical Corp.'' at the end of the table.
    The revisions and additions 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
     State citation            Title/subject      effective date     EPA approval date           Comments
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       *                  *                   *                   *                  *                   *
                                                          *
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                               Regulation 12--Control of Nitrogen Oxide Emissions
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Section 1...............  Applicability.........        11/24/93  6/14/01, 66 FR 32234
Section 2...............  Definitions...........        11/24/93  6/14/01, 66 FR 32234
Section 3...............  Standards.............        11/24/93  6/14/01, 66 FR 32234
Section 4...............  Exemptions............        11/24/93  6/14/01, 66 FR 32234
Section 5...............  Alternative and               11/24/93  6/14/01, 66 FR 32234
                           Equivalent RACT
                           Determinations.
Section 6...............  RACT Proposals........        11/24/93  6/14/01, 66 FR 32234
Section 7...............  Compliance                    11/24/93  6/14/01, 66 FR 32234
                           Certification, Record
                           Keeping, and
                           Reporting
                           Requirements.
 
       *                  *                   *                   *                  *                   *
                                                          *
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    (d) * * *

[[Page 32235]]



                               EPA-Approved Delaware Source-Specific Requirements
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                                                       State
     Name of source            Permit number      effective date     EPA approval date           Comments
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       *                  *                   *                   *                  *                   *
                                                          *
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SPI Polyols, Inc........  Secretary's Order No.         07/11/00  6/14/01, 66 FR 32235..  Polyhydrate Alcohol's
                           2000-A-0033.                                                    Catalyst Regenarative
                                                                                           Process--Approved NO<INF>X</INF>
                                                                                           RACT Determination
Citisteel...............  Secretary's Order No.         07/11/00  6/14/01, 66 FR 32235..  Electric Arc Furnace--
                           2000-A-0033.                                                    Approved NO<INF>X</INF> RACT
                                                                                           Determination
General Chemical Corp...  Secretary's Order No.         07/11/00  6/14/01, 66 FR 32235..  (1) Sulfuric Acid
                           2000-A-0033.                                                    Process & Interstage
                                                                                           Absorption System (2)
                                                                                           Metallic Nitrite
                                                                                           Process--Approved NO<INF>X</INF>
                                                                                           RACT Determinations
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[FR Doc. 01-14898 Filed 6-13-01; 8:45 am]
BILLING CODE 6560-50-P


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