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PA Bulletin, Doc. No. 06-1506


Proposed Section 111(d) State Plan for the Control of Mercury Emissions from Existing Designated Coal-Fired Electric Utility Steam Generating Units; Public Hearing

[36 Pa.B. 4269]
[Saturday, August 5, 2006]

   Under section 111(d) of the Federal Clean Air Act as amended in 1990 (42 U.S.C.A. § 7411(d)), the United States Environmental Protection Agency (EPA) promulgated standards for new coal-fired electric utility steam generating units (EGUs) (Subpart Da amended) and emission guidelines (Subpart HHHH) for ''existing'' EGUs to control the emissions of mercury. (See 70 FR 28606, May 18, 2005). These emission guidelines establish criteria for ''existing'' EGUs using ''best demonstrated technology.'' Under the Clean Air Mercury Rule (CAMR), each State receives an annual budget for mercury emissions from existing coal-fired EGUs with a nameplate capacity larger than 25 megawatts. A State can meet its CAMR budget either by joining the EPA managed cap-and-trade program or by demonstrating that the State mercury budgets codified in 40 CFR 60.4140 (relating to state trading budgets) will not exceed the budget in any year. The Department of Environmental Protection (Department) will not participate in the EPA-managed cap-and-trade program and has proposed a ''state-specific'' regulation to reduce mercury emissions from the pulverized and waste coal-fired electric steam generating units. This proposed regulation was approved by the Environmental Quality Board on May 17, 2006, and was published at 36 Pa.B. 3185 (June 24, 2006) for public comment.

   The Commonwealth is required, under CAMR, to meet an annual mercury budget of 1.779 tons for Phase I and a budget of .702 tons for Phase II. The Commonwealth's proposed rulemaking establishes two compliance phases: January 1, 2010--December 31, 2014, for Phase 1 and January 1, 2015, and each subsequent year thereafter for Phase 2 for existing units. In this Commonwealth, approximately 34 existing facilities with 71 affected EGUs are subject to the provisions of CAMR.

   As required under 40 CFR 60.23(a), the Commonwealth must submit a State Plan to EPA by November 17, 2006, that specifies how the Commonwealth will meet the requirements of CAMR including meeting the State's mercury budget. The section 111(d) State Plan will include the Commonwealth's mercury regulation that contains provisions for meeting the mercury emission caps established under the CAMR.

   The Department will hold three public hearings for the purpose of accepting testimony on the proposed State Plan for existing designated EGU facilities. The public hearings will be held at 1 p.m. on September 6, 2006, at the following Department locations:

Southwest Regional Office
Monongahela Room
400 Waterfront Drive
Pittsburgh, PA 15222-4745

Rachel Carson State Office Building
Room 105
400 Market Street
Harrisburg, PA 17105-2063

Southeast Regional Office
Room 105
2 East Main Street
Norristown, PA 19401

   Persons wishing to present testimony at a hearing should contact Jeanette Van Skike at the Department of Environmental Protection, Bureau of Air Quality, P. O. Box 8468, Harrisburg, PA 17105, (717) 787-4325 at least 10 days in advance of the hearing to reserve a time to present testimony. Persons who do not reserve a time to testify will be able to testify after preregistered witnesses. Each witness must keep oral testimony to 10 minutes and submit three written copies of the oral testimony at the hearing. Each organization should designate one witness to present testimony on its behalf.

   Persons interested in submitting written comments on the proposed State Plan should send the comments to John Slade, Chief, Division of Permits, P. O. Box 8468, Harrisburg, PA 17105-8468. Written comments must be received by the close of business on September 8, 2006. Copies of the proposed adopted State Plan for existing EGUs may be obtained from John Slade at the previously listed address, (717) 787-4325 or This proposed State Plan is also available on the Department's website at (choose Public Participation Center/Proposals Open for Comment). A copy of the proposed State Plan for existing EGUs will be available for review in each of the Department's regional offices.

   Persons with disability who will attend a hearing and require an auxiliary aid, service or other accommodation to participate in the proceeding should contact John Slade at the previously listed address or telephone number or for TDD users, the AT&T Relay Service at (800) 654-5984 to discuss how the Department can best accommodate their needs.


[Pa.B. Doc. No. 06-1506. Filed for public inspection August 4, 2006, 9:00 a.m.]

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