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PA Bulletin, Doc. No. 13-878

NOTICES

Clean Air Interstate Rule; Final 2013 Allocation of Remaining 2012 Vintage Nitrogen Oxides Allowances Set Aside to Offset Sulfur Dioxide Emissions from Qualifying Units

[43 Pa.B. 2677]
[Saturday, May 11, 2013]

 In accordance with 25 Pa. Code § 145.212(f)(2) and (5) (relating to CAIR NOx allowance allocations) to qualifying resources and units exempted by section 405(g)(6)(A) of the Clean Air Act (42 U.S.C.A. § 7651d(g)(6)(A)), the Department of Environmental Protection (Department) is providing notice of the final issuance of the remaining 2012 vintage Clean Air Interstate Rule (CAIR) nitrogen oxides (NOx) allowances set aside for the owners or operators of qualifying fossil fuel-fired units that did not receive any sulfur dioxide (SO2) allowances under the United States Environmental Protection Agency's (EPA) Acid Rain Program.

 Notice of a 30-day public comment period on the proposal was published at 43 Pa.B. 1659 (March 23, 2013). The public comment period offered the public an opportunity to review the information and data to ensure the information was correct. No comments were received.

 The Commonwealth's CAIR NOx Annual Trading Program budget contained 99,049 CAIR NOx allowances for 2012, of which 97,761 were allocated to CAIR units at 40 Pa.B. 297 (January 9, 2010). The remaining 1,288 CAIR NOx allowances, 1.3% of the CAIR NOx Annual Trading Program budget for 2012 were set aside for CAIR SO2 units for the purpose of offsetting SO2 emissions. These units were exempted under the Federal Acid Rain Program provisions in section 405(g)(6)(A) of the Clean Air Act and therefore did not receive SO2 allowances, yet are subject to the CAIR SO2 Trading Program. The Department received three requests for allocations of CAIR NOx allowances by the January 31, 2013, regulatory deadline, and finalized those 226 NOx allowance allocations at 43 Pa.B. 1659, leaving 1,062 CAIR NOx allowances.

 In accordance with 25 Pa. Code § 145.212(f)(5), the Department has considered written requests from the owners and operators of qualifying units, received after January 31, 2013, for these remaining 1,062 vintage 2012 CAIR NOx allowances. On a prorated basis, 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 2012, minus any excess CAIR NOx allowances already allocated to the unit for the 2012 control period that were not used to cover NOx emissions for the 2012 control period. The result is the allocation of an additional 318 CAIR NOx allowances.

 The table that follows identifies the facility from which the Department received a request after January 31, 2013, and to whom additional CAIR NOx allowances were granted. The table lists the Facility name, ORIS number and Unit identification number, if applicable, and number of CAIR NOx allowances allocated.

Facility Name ORIS # Unit ID # of NOx Allowances
A/C Power Colver Operations10143 AABO1 318

 On April 30, 2013, the EPA was notified to make the final allocation.

 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 further court proceedings in EME Homer City Generation, L.P. v EPA, D.C. Cir. 11-1302, could affect these allocations, once final.

 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.

E. CHRISTOPHER ABRUZZO, 
Acting Secretary

[Pa.B. Doc. No. 13-878. Filed for public inspection May 10, 2013, 9:00 a.m.]


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