	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Part 52

	[EPA-R03-OAR-2007-0027]; FRL-        ] 

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 [insert date 30
days from date of publication].

ADDRESSES:  Submit your comments, identified by Docket ID Number
EPA-R03-OAR-

2007-0027 by one of the following methods:

A.    www.regulations.gov.  Follow the on-line instructions for
submitting comments.

B.    E-mail:    HYPERLINK "mailto:miller.linda@epa.gov" 
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 previously-listed 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 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.

Docket:  All documents in the electronic docket are listed in the
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 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   HYPERLINK "mailto:quinto.rose@epa.gov"  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 coal-fired 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. 

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 Fed. Reg.
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 (Public Law 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 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.

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