Clean Air Interstate Rule; Final 2018 New Unit Annual and Ozone Season CAIR Nitrogen Oxides Allowance Allocations
[44 Pa.B. 3284]
[Saturday, May 31, 2014]
In accordance with 25 Pa. Code §§ 145.211(d)(3) and 145.221(d)(3) (relating to timing requirements for CAIR NOx allowance allocations; and timing requirements for CAIR NOx Ozone Season allowance allocations), the Department of Environmental Protection (Department) is providing notice of finalization of the 2018 annual and ozone season Clean Air Interstate Rule (CAIR) allowance allocations for new units. Notice of the proposed allocations of 2018 allowances to new units was published at 44 Pa.B. 1833 (March 22, 2014). No comments were received and no changes to the final new unit allocations were made.
The Commonwealth's 2018 nitrogen oxides (NOx) budget for the annual CAIR program contains 82,541 NOx allowances and the Commonwealth's total 2018 NOx budget for the ozone season CAIR program contains 35,143 NOx allowances. New unit CAIR NOx allocations for the annual and ozone season programs are made in accordance with 25 Pa. Code §§ 145.212(e) and 145.222(e) (relating to CAIR NOx allowance allocations; and CAIR NOx Ozone Season allowance allocations). CAIR NOx allowances and CAIR NOx Ozone Season allowances are issued in amounts equal to each new unit's 2013 annual and ozone season emissions prior to making regular allocations to other units.
For each new unit receiving a CAIR NOx allocation, Table 1 lists the following information: Facility name, County, ORIS Code, Unit ID, 2013 Annual NOx Emission, 2013 Ozone Season NOx Emission, Operation Date, 2018 Annual New Unit Allowance Allocation and 2018 New Unit Ozone Season Allowance Allocation.
Table 1: Final 2018 CAIR New Unit Allocations
Facility Name County ORIS Code Unit ID 2013 Annual NOx Emissions (tons) 2013 Ozone Season NOx Emissions (tons) Operation Date
2018 CAIR New Unit Annual NOx Allowance Allocation 2018 CAIR New Unit Ozone Season NOx Allowance Allocation Hunlock Creek Energy Center Luzerne 3176 CT5 13.1 5.2 6/2/2011 13 5 Hunlock Creek Energy Center Luzerne 3176 CT6 12.6 5.1 5/27/2011 12 5 York Energy Center York 55524 1 18.7 8.6 3/2/2011 18 8 York Energy Center York 55524 2 18.4 8.5 3/2/2011 18 8 York Energy Center York 55524 3 18.5 8.4 3/2/2011 18 8 Total 79 34
Owners and operators of units should be aware that CAIR NOx allowances and CAIR NOx Ozone Season allowances do not constitute property rights and that actions at the Federal or State level, including Federal court proceedings in the legal challenges to the Cross-State Air Pollution Rule, could affect these allocations.
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 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, (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 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.
E. CHRISTOPHER ABRUZZO,
[Pa.B. Doc. No. 14-1173. Filed for public inspection May 30, 2014, 9:00 a.m.]
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