NOTICES
Interstate Pollution Transport Reduction; Final 2009 Ozone Season NOx Emission Limits for Nonelectric Generating Units
[40 Pa.B. 1120]
[Saturday, February 27, 2010]The Department of Environmental Protection (Department) is providing notice for the final nonelectric generating unit (non-EGU) 2009 ozone season NOx emission limitations established in accordance with 25 Pa. Code § 145.8(d) (relating to transition to the Clean Air Interstate Rule (CAIR) NOx trading programs).
A public comment period was held from October 10 through October 26, 2009, on these proposed limits. The public comment period offered the public an opportunity to review the information and data as a way to ensure that the information was correct. One comment was received. No changes to the emission limitations were made.
The commentator commented on the current Pennsylvania CAIR and on future rules that might replace CAIR. The commentator suggested that the Department reconsider the implementation of the non-EGU budget program by including non-EGUs in the CAIR trading program, and revisit the issue during development of EPA's CAIR replacement rule. The comment is beyond the scope of the proposed non-EGU 2009 ozone season NOx emission limitations. The Department addressed the issue in the preamble of Pennsylvania's 2008 CAIR rulemaking. The Department will review EPA's CAIR replacement rule when it is promulgated and will address policy issues at that time.
In this notice, the NOx emissions cap provides 181 tons of NOx emissions for non-EGUs and the other units that need to address their emissions through accounting adjustments, including units that previously participated in the NOx Budget Trading Program; emissions from these units were below the 25-ton exemption threshold. Adjustments were also made for the permanent retirement of NOx allowances due to generation of emission reduction credits. The Department will also use a portion of the 181 tons of the budgeted NOx emissions, if necessary, to address mistakes or miscalculations. This year, the Department is using 121 tons of the 181 tons of NOx for account adjustments, leaving 60 tons available for any additional adjustments at the end of the control period.
As proposed, the Department made accounting adjustments for the following facilities:
Retired Units: Naval Surface Warfare Division Unit 98; Shenango Unit Nos. 6 and 9 (the generation of emission offsets for small non-NOx Budget Trading Program units resulted in a permanent NOx accounting adjustment of 45 tons).
Exempt Units: Each of the following units has a 25-ton NOx permit limit: Armagh Compressor Station (Unit 31301); Entriken Compressor Station (Unit 31601); and the Naval Surface Warfare Division (Unit 100). The Naval Surface Warfare Division (Unit 99) has a 1-ton NOx permit limit. All of these 25-ton exempt status units account for a total adjustment of 76 tons of NOx emissions.
Units subject to the requirements in 25 Pa. Code § 145.8 are required to meet the monitoring and reporting requirements of the EPA's CAIR, found in 40 CFR Part 96, Subpart HHHH (relating to monitoring and reporting) and maintain general accounts and account representatives under 40 CFR Part 96, Subparts BBBB and FFFF (relating to CAIR designated representative for CAIR NOx ozone season sources; and CAIR NOx ozone season allowance tracking system). The ''Non-EGU 2009 Ozone Season NOx Limits'' table that follows lists the following: facility name, ORIS code, unit ID for each non-EGU unit, operating year, heat input for 2008 ozone season, calculated 2009 rate and 2009 ozone season limit. A copy of this table can also be found at the Department's Air Quality web site at www.depweb.state.pa.us (DEP keyword ''Air Quality'').
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, (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 to ranbordner@state.pa.us or 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.
Table: Final Non-EGU 2009 Ozone Season NOx Emission Limits
Facility Name ORIS Code Unit ID OP Year Heat Input mmBtu 2009 Rate 2009
Ozone Season LimitArmagh
Compressor Station880071 31301 2008 25-ton exemption
(limit 25 tons)Bernville Station 880049 32001 2008 0 0.258 0.0 ConocoPhillips Co.,
Trainer Refinery880025 32 2008 685,280 0.258 88.4 ConocoPhillips Co.,
Trainer Refinery880025 33 2008 553,623 0.258 71.4 ConocoPhillips Co.,
Trainer Refinery880025 34 2008 0 0.258 0 ConocoPhillips Co.,
Trainer Refinery880025 35 2008 0 0.258 0 Domtar Paper
Company, LLC54638 40 2008 1,000,410 0.258 129.1 Domtar Paper
Company, LLC54638 41 2008 1,030,163 0.258 132.9 Entriken
Compressor Station880072 31601 2008 25-ton exemption
(limit 25 tons)FPL Energy
Marcus Hook, LP55801 AB01 2008 856,595 0.258 110.5 FPL Energy
Marcus Hook, LP55801 AB02 2008 939,371 0.258 121.2 FPL Energy
Marcus Hook, LP55801 AB03 2008 896,611 0.258 115.7 FPL Energy
Marcus Hook, LP55801 AB04 2008 932,286 0.258 120.3 Kimberly-Clark
Tissue Company50410 34 2008 20,368 0.258 2.6 Kimberly-Clark
Tissue Company50410 35 2008 2,873,599 0.258 370.7 Merck & Company—
West Point52149 39 2008 402,431 0.258 51.9 Merck & Company—
West Point52149 40 2008 825,786 0.258 106.5 P H Glatfelter Company 50397 34 2008 1,267,278 0.258 163.5 P H Glatfelter Company 50397 35 2008 1,006,598 0.258 129.9 P H Glatfelter Company 50397 36 2008 1,969,448 0.258 254.1 Philadelphia Refinery 52106 150137 2008 754,723 0.258 97.4 Philadelphia Refinery 52106 150138 2008 482,398 0.258 62.2 Philadelphia Refinery 52106 150139 2008 593,390 0.258 76.6 Philadelphia Refinery 52106 150140 2008 828,686 0.258 106.9 Procter & Gamble
Paper Products50463 328001 2008 1,296,577 0.258 167.3 Shenango Incorporated 54532 6 2008 Retired/ERC
(23 tons)Shenango Incorporated 54532 9 2008 Retired/ERC
(22 tons)Shermans Dale Station 880050 31801 2008 0 0.258 0.0 Sunoco Chemicals Frankford Plant 880007 52 2008 576,614 0.258 74.4 US Steel
(Clariton Coke)50729 CLBLR1 2008 1,133,284 0.258 146.2 US Steel
(Clariton Coke)50729 CLBLR2 2008 909,795 0.258 117.4 US Steel
(Edgar Thompson)50732 ETBLR1 2008 1,413,650 0.258 182.4 US Steel
(Edgar Thompson)50732 ETBLR2 2008 1,590,868 0.258 205.2 US Steel
(Edgar Thompson)50732 ETBLR3 2008 1,556,617 0.258 200.8 Naval Surface
Warfare Division880009 98 2008 Retired Naval Surface
Warfare Division880009 99 2008 25-ton exemption
(limit 1 ton)Naval Surface
Warfare Division880009 100 2008 25-ton exemption
(limit 25 tons)United Refining 880099 01 2008 252,889 0.258 32.6 Totals: 26,649,338 0.258 3,438 JOHN HANGER,
Secretary
[Pa.B. Doc. No. 10-365. Filed for public inspection February 26, 2010, 9:00 a.m.]
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