	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Part 52

	[EPA-R03-OAR-2009-0804; FRL-        ] 

Approval and Promulgation of Air Quality Implementation Plans; Delaware;
Amendment to 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.  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: 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-2009-0804 by one of the following methods:

A.    HYPERLINK "http://www.regulations.gov"  www.regulations.gov . 
Follow the on-line instructions for submitting comments.

B.  E-mail:    HYPERLINK "mailto:fernandez.cristina@epa.gov" 
fernandez.cristina@epa.gov 

C.  Mail:  EPA-R03-OAR-2009-0804, Cristina Fernandez, Office of Air
Program Planning, Mailcode 3AP30, 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-2009-0804.  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:  Irene Shandruk, (215) 814-2166, or by
e-mail at   HYPERLINK "mailto:shandruk.irene@epa.gov" 
shandruk.irene@epa.gov .

SUPPLEMENTARY INFORMATION:  On October 7, 2009, the Delaware Department
of Natural Resources and Environmental Control (DNREC) submitted a
revision to its SIP for an amendment to Regulation No. 1146 – Electric
Generating Unit Multi-Pollutant Regulation.

I.  Background 

On November 16, 2006, DNREC submitted a revision to the Delaware SIP. 
This SIP revision pertained to a new regulation, 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), SO2 and mercury 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).  EPA approved the
SIP revision on August 28, 2008 (73 FR 50723).

II.   Summary of SIP Revision

On October 7, 2009, EPA received a SIP revision to amend to 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.  

This amendment to Regulation No. 1146 is a reasonable compromise between
Conectiv and DNREC, which prevented a potential overturning of the
regulation.  Analysis supports that the increase in the SO2 emissions
limit for the Edge Moor 5 facility will not lead to increased SO2
emissions on an annual basis, but will enable the facility to operate at
a higher capacity if in the unusual circumstance it should be needed. 
Given that an increase in SO2 emissions is not expected from what they
currently are at the facility, this revision will continue to help
Delaware attain and maintain NAAQS for PM2.5.

III.   Proposed Action

EPA is proposing to approve the Delaware SIP revision for the amendment
to Regulation No. 1146 – Electric Generating Unit Multi-Pollutant
Regulation submitted on October 7, 2009. This revision pertains to a
modification of the SO2 emissions limit for the Conectiv Edge Moor Unit
5 from 2,427 tons per year to 4,600 tons per year.  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 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 proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law.  For that reason, this proposed 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 (Public Law 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 proposed rule, pertaining to Delaware’s amendment to
Regulation 1146, the Electric Generating Unit Multi-Pollutant
Regulation, 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.

List of Subjects in 40 CFR Part 52  

Environmental protection, Air pollution control, Nitrogen dioxide,
Ozone, Particulate matter, Sulfur oxides. 



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

December 17, 2009							/s/

___________________________           		____________________________

Dated:                                                     		Shawn M.
Garvin,

                                                                 	
Regional Administrator,

                                                                 	
Region III.

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