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PA Bulletin, Doc. No. 11-1231


Clean Air Interstate Rule; Final 2011 Allocation of Remaining 2010 Vintage Nitrogen Oxides Allowances Set Aside to Offset Sulfur Dioxide Emissions from Qualifying Units

[41 Pa.B. 4047]
[Saturday, July 23, 2011]

 In accordance with 25 Pa. Code § 145.212(f)(2) and (5) (relating to CAIR NOX allowance allocations), the Department of Environmental Protection (Department) is providing notice of the final issuance of the remaining 2010 vintage Clean Air Interstate Rule (CAIR) nitrogen oxides (NOX) allowances set aside for the owners or operators of qualifying fossil fuel-fired units that did not receive any sulfur dioxide (SO2) allowances under the United States Environmental Protection Agency's (EPA) Acid Rain Program.

 Notice of a 30-day public comment period on the proposed limits was published at 41 Pa.B. 2660 (May 21, 2011). The public comment period offered the public an opportunity to review the information and data to ensure the information was correct. No comments were received.

 The Commonwealth's CAIR NOX Annual Trading Program budget contained 99,049 CAIR NOX allowances for 2010, of which 97,761 were allocated to CAIR units at 40 Pa.B. 297 (January 9, 2010). The remaining 1,288 CAIR NOX allowances, 1.3% of the CAIR NOX Annual Trading Program budget, were set aside for certain Independent Power Producers (IPP) that were exempted from many of the provisions of the Federal Acid Rain Program but were not exempted from the CAIR requirements. The additional CAIR NOX allowances will help offset the cost of complying with the SO2 emission trading requirements of the CAIR rule. The Department received two requests for allocations of CAIR NOX allowances by a January 31, 2011, regulatory deadline, and finalized those 555 NOX allowance allocations at 41 Pa.B. 1580 (March 19, 2011) leaving 733 CAIR NOX allowances.

 In accordance with 25 Pa. Code § 145.212(f)(5), the Department has considered written requests from the owners/operators of qualifying IPPs, received after January 31, 2011, for these remaining 733 vintage 2010 CAIR NOX allowances. On a prorated basis, the Department is allocating these allowances on a ratio of one CAIR NOX allowance to every 8 tons of SO2 emitted by the unit in 2010, minus any excess CAIR NOX allowances already allocated to the unit for the 2010 control period that were not used to cover NOX emissions for the 2010 control period. The result is the allocation of an additional 535 CAIR NOX allowances.

 The following table identifies the facilities from which the Department received requests after January 31, 2011, and to whom additional CAIR NOX allowances were granted. The table lists the Facility name, ORIS number and Unit identification number, if applicable, and number of CAIR NOX allowances allocated.

Facility name ORIS # Unit ID # of NOX allowances
Ebensburg Power  Company 10603 90
Piney Creek Power  Plant 54144 180
Scrubgrass  Generating Plant 50974 Unit 1 119
Unit 2 117
50879 29

 On June 21, 2011, the EPA was notified to make the final allocation.

 Action at the Federal or State level could affect the allocated NOX allowances. CAIR NOX allowances do not constitute property rights.

 Persons aggrieved by an action may appeal, under section 4 of the Environmental Hearing Board Act (35 P. S. § 7514) and 2 Pa.C.S. §§ 501—508 and 701—704 (relating to the Administrative Agency Law), to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users may contact the Environmental Hearing Board (Board) through the Pennsylvania AT&T Relay Service at (800) 654-5984. Appeals must be filed with the Board within 30 days of publication of this notice in the Pennsylvania Bulletin, unless the appropriate statute provides a different time period. Copies of the appeal form and the Board's rules of practice and procedure may be obtained from the Board. The appeal form and the Board's rules of practice and procedure are also available in Braille or on audiotape from the Secretary of the Board at (717) 787-3483. This paragraph does not, in and of itself, create any right of appeal beyond that permitted by applicable statutes and decision law.

 For individuals who wish to challenge an action, appeals must reach the Board within 30 days. A lawyer is not needed to file an appeal with the Board.

 Important legal rights are at stake, however, so individuals should show this notice to a lawyer at once. Persons who cannot afford a lawyer may qualify for pro bono representation. Call the Secretary to the Board at (717) 787-3483 for more information.

 Questions concerning this notice should be directed to Randy Bordner, Chief, Stationary Source Section, Bureau of Air Quality at (717) 772-3921. TDD users may contact the Pennsylvania AT&T Relay Service at (800) 654-5984 to discuss how the Department can best accommodate their needs.


[Pa.B. Doc. No. 11-1231. Filed for public inspection July 22, 2011, 9:00 a.m.]

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