NOTICES

Nitrogen Oxides (NOx) Allowance Program

[29 Pa.B. 707]

Issuance of Title V / State Only Operating Permits to include Conditions relating to NOx Allowance Requirements in 25 Pa. Code §§ 123.101--123.120

   The Department of Environmental Protection (Department) has revised existing Title V/State Only Operating Permits to include provisions of 25 Pa. Code §§ 123.101--123.120 (relating to NOx allowance requirements). These regulations establish a NOx budget and a NOx allowance trading program for NOx affected sources for the purpose of achieving the health-based ozone ambient air quality standard. A NOx affected source is defined as a fossil fuel fired indirect heat exchange combustion unit with a maximum rated heat input capacity of 250 MMBtu/hour or more and all fossil fuel fired electric generating facilities rated at 15 megawatts or greater or any other source that voluntarily opts to become a NOx affected source.

   Revised TitleV/State only operating permits require the owner or operator of each NOx affected source to hold a quantity of NOx allowances meeting the requirements of 25 Pa. Code §§ 123.110(a) by December 31, of each calendar year. One NOx Allowance is the limited authorization to emit 1 ton of NOx during the NOx Allowance Control Period, which begins May 1 of each year and ends September 30 of the same year. The NOx allowances held in the source's current year NOx Allowance Tracking System (NATS) account must be equal to or greater than the total NOx emitted from the source during the year's NOx allowance control period. The initial NOx allowance control period begins on May 1, 1999.

   Revised TitleV/State only operating permits also include emission monitoring, reporting and recordkeeping requirements for each NOx affected source. NOx emissions from each NOx affected source shall be monitored in accordance with 25 Pa. Code § 123.108 and the procedures contained in the document titled ''Guidance for Implementation of Emission Monitoring Requirements for the NOx Budget Program.''

   Persons aggrieved by this 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, Market Street State Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users may contact the Board through the Pennsylvania Relay Service, (800) 654-5984. Appeals must be filed with the Environmental Hearing Board within 30 days of notice of this action 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 to 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 decisional law.

   The Department is proposing to modify the Rule to make an accounting adjustment for the year 2000 Ozone Season allocations. If this proposal is adopted as final, the revised TitleV/State only operating permits will be proposed for modification to reflect this change.

   Copies of the issued permits and other relevant information are available for review at the address given.

Bureau of Air Quality, Division of Permits, Rachel Carson State Office Building, P. O. Box 8468, Harrisburg, PA 17105-8468, (717) 787-4325.

   67-2009: Solar Turbines, Inc. (P. O. Box 856376, San Diego, CA 92138-5376) located in Springettsbury Township, York County.

   NOx affected Sources

   Turbine #1
Point ID. : 031
Allowance: 33

   Turbine #2
Point ID. : 032
Allowance: 33

   Turbine #3
Point ID. : 033
Allowance: 33

   Turbine #4
Point ID. : 034
Allowance: 33

   Turbine #5
Point ID. : 035
Allowance: 33

   Turbine #6
Point ID. : 036
Allowance: 32

JAMES M. SEIF,   
Secretary

[Pa.B. Doc. No. 99-194. Filed for public inspection February 5, 1999, 9:00 a.m.]

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