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PA Bulletin, Doc. No. 12-837


Clean Air Interstate Rule; 2012 Allocation of 2011 Vintage NOx Allowances Set Aside to Offset SO2 Emissions; Correction

[42 Pa.B. 2536]
[Saturday, May 12, 2012]

 In accordance with 25 Pa. Code § 145.212(f)(2) (relating to CAIR NOx allowance allocations), the Department of Environmental Protection (Department) is providing notice of a correction, which results in an allocation of 2011 vintage Clean Air Interstate Rule (CAIR) nitrogen oxides (NOx) allowances to Piney Creek, LP, an owner or operator of a CAIR sulfur dioxide (SO2) unit for the purpose of offsetting SO2 emissions. This unit was exempted under the Federal Acid Rain Program provisions in section 405(g)(6)(A) of the Clean Air Act (42 U.S.C.A. § 7651d(g)(6)(A)) and therefore did not receive SO2 allowances, yet is subject to the CAIR SO2 Trading Program.

 The Commonwealth's CAIR NOx Annual Trading Program budget contained 99,049 CAIR NOx allowances for 2011; the Department allocated 97,761 of the CAIR NOx allowances at 40 Pa.B. 297 (January 9, 2010). The Department set aside the remaining 1,288 CAIR NOx allowances in accordance with 25 Pa. Code § 145.212(f)(2) and (4), 1.3% of the CAIR NOx Annual Trading Program budget, for allocations to qualifying fossil fuel-fired units that did not receive SO2 allocations under the Acid Rain Program due to their exempt status. On March 3, 2012, the Department published the allocation notice of 2011 vintage CAIR NOx allowances set aside to offset SO2 emissions at 42 Pa.B. 1185 (March 3, 2012). The Department is publishing a correction to that notice because Piney Creek's on-time request was inadvertently omitted in the notice published at 42 Pa.B. 1185.

 The Department is allocating these allowances on a ratio of 1 CAIR NOx allowance to every 8 tons of SO2 emitted by the unit in 2011, minus any excess CAIR NOx allowances already allocated to the unit for the 2011 control period that were not used to cover NOx emissions for the 2011 control period. The result is an allocation of 185 CAIR NOx allowances.

 The following table lists the facility name, ORIS number and unit identification number and the number of CAIR NOx allowances to be allocated.

Facility name ORIS # Unit ID # of NOx allowances
Piney Creek, LP 54144 31 185

 Owners and operators of qualifying units should be aware that CAIR NOx allowances do not constitute property rights, and that actions at the Federal or State level, including possible court action in EME Homer City Generation, L.P. v. EPA, D.C. Cir. 11-1302, could affect the allocated CAIR NOx allowances.

 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, Chief, Stationary Source Section, Bureau of Air Quality, (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. 12-837. Filed for public inspection May 11, 2012, 9:00 a.m.]

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