Approval and Promulgation of Air Quality Implementation Plans; Delaware; Conversion of the Conditional Approval of the NO_X RACT Regulation to a Full Approval and Approval of NO_X RACT Determinations for Three Sources

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Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: June 14, 2001 (Volume 66, Number 115)]
[Rules and Regulations]
[Page 32231-32235]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14jn01-12]

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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_X
RACT Regulation to a Full Approval and Approval of NO_X 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_X). This action converts EPA's
conditional limited approval of Delaware Regulation 12, Control of
NO_X Emissions, to a full approval. EPA is also taking direct
final action to approve three source-specific NO_X 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 quinto.rose@epa.gov and spain.melik@epa.gov.

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_X 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_X
Emissions which requires all major sources of NO_X to
implement RACT. Section 5 of Regulation 12 provides for DNREC to make
source-specific NO_X 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_X 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_X 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_X represent all required case-by-case NO_X 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_X 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_X RACT determinations for these
three sources are summarized below.

Case-by-Case NO_X 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 (HNO₃) digesters.
SPI operates 4 batch HNO₃ digesters. The exothermic reaction
of HNO₃ with spent nickel catalyst generates NO_X.
The NO_X emissions are mainly associated with the addition of
HNO₃ 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_X per
year. DNREC imposes two means of controlling the NO_X
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_X by controlling the rate of HNO₃ added to the
digesters. SPI must submerge the HNO₃ feed into the mixing
zone of the digester tank. SPI must add HNO₃ to only one
digester tank at any particular time under a controlled temperature
range. SPI must monitor the flow rate of HNO₃ addition and
calibrate each HNO₃ 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_X to water soluble nitrogen dioxide. It
should be noted that the scrubber treats NO_X from a process
that operates in batch mode. Therefore, NO_X emissions are
not continuous. Moreover, emissions of NO_X from this process
are inherently low. At temperatures of 70 to 120 degrees Fahrenheit,
NO_X 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_X using a water contact scrubber is minimal. Therefore,
DNREC views NO_X RACT as maintenance of these low
NO_X 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_X
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_X formation. The majority of the
facility's NO_X emissions result from conditions conducive
for thermal NO_X 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_X 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_X per

[[Page 32233]]

year based 540,000 tons of steel produced per year. Typical fuel fired
combustion equipment applied to NO_X 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_X 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_X RACT evaluation: (1) A sulfuric acid
(H₂SO₄) and interstage absorption system (ISA)
process and (2) a metallic nitrite process. The
H₂SO₄/ISA process involves burning elemental
sulfur, spent H₂SO₄, and hydrogen sulfide to
generate sulfur dioxide. Sulfur dioxide is catalytically oxidized to
sulfur trioxide and is absorbed into strong
H₂SO₄. 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_X (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
H₂SO₄/ISA processes. EPA is approving DNREC's
NO_X RACT determination for General Chem's
H₂SO₄/ISA processes.
General Chem's metallic nitrite process is a batch process that
produces a 50% solution of potassium nitrite (KNO₂). 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 KNO₂. The rate of
NO_X formation is proportional to the level of free
alkalinity in the absorption tower. As the batch process progresses,
the absorption of NO_X by KOH decreases, so there is less
potassium available to form KNO₂. Hence, the air to ammonia
feed rate is of particular interest in controlling NO_X
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_X 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_X 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_X represent
all required case-by-case NO_X RACT determinations for all
known subject sources. EPA is also approving those RACT determinations
made by DNREC for three major sources of NO_X 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_X. 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_X 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.

* * * * *
(c) * * *

EPA-Approved Regulations in the Delaware SIP
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------

* * * * * *
*
----------------------------------------------------------------------------------------------------------------
Regulation 12--Control of Nitrogen Oxide Emissions
----------------------------------------------------------------------------------------------------------------
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.

* * * * * *
*
----------------------------------------------------------------------------------------------------------------

(d) * * *

[[Page 32235]]

EPA-Approved Delaware Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
State
Name of source Permit number effective date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------

* * * * * *
*
----------------------------------------------------------------------------------------------------------------
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_X
RACT Determination
Citisteel............... Secretary's Order No. 07/11/00 6/14/01, 66 FR 32235.. Electric Arc Furnace--
2000-A-0033. Approved NO_X 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_X
RACT Determinations
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 01-14898 Filed 6-13-01; 8:45 am]
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Approval and Promulgation of Air Quality Implementation Plans; Delaware; Conversion of the Conditional Approval of the NO_X RACT Regulation to a Full Approval and Approval of NO_X RACT Determinations for Three Sources