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PA Bulletin, Doc. No. 07-846

NOTICES

High Energy Demand Day Memorandum of Understanding Approved by the Ozone Transport Commission

[37 Pa.B. 2255]
[Saturday, May 12, 2007]

   The Department of Environmental Protection (Department) will hold a public meeting, May 30, 2007, to present an overview and to receive comments regarding the high-energy demand day (HEDD) Memorandum of Understanding (MOU) adopted by the Ozone Transport Commission (OTC). On March 2, 2007, the Commonwealth's representatives on the OTC abstained when action was taken on the MOU and indicated that under State law an opportunity must be provided for public comment in this Commonwealth prior to final action on a resolution or MOU that would commit the Commonwealth to pursue the adoption of control measures. This meeting is being held consistent with the requirements of section 7.4 of the Air Pollution Control Act (35 P. S. § 4007.4), Interstate Transport Commission, which states the following:

(a)  The Commonwealth, through its representatives on an interstate transport commission formed under the Clean Air Act, shall provide public review of recommendations for additional control measures prior to final commission action consistent with the commission's public review requirements under section 184(c)(1) of the Clean Air Act. The opportunity for public review established under this section shall run concurrently with the commission's public comment period established under section 184(c)(1) of the Clean Air Act.
(b)  Control strategies approved by an interstate transport commission and by the Commonwealth's representatives and set forth in resolutions or memoranda of understanding shall be considered commitments by the executive to pursue subsequent legislative, regulatory or other administrative actions to implement the control strategies.
(c)  The Commonwealth strongly recommends that an interstate transport commission adopt formal procedures, which allow for an open public review and comment period prior to the adoption of resolutions, consideration of memoranda of understanding or other actions that recommend that States adopt control strategies. The Commonwealth's representatives shall take actions consistent with this recommendation.

   At the March 2, 2007, meeting of the OTC, the Environmental Commissioners of the Ozone Transport Region (OTR) jurisdictions voted on a HEDD MOU to be considered by the OTR jurisdictions for implementation to reduce ground-level ozone and its precursors.

   Specifically, the Department is requesting public comment regarding the following HEDD issues:

1.  The appropriateness of the emission reduction and the way it was calculated by the OTC. OTC's MOU includes HEDD units that operated less than 50% of the ozone season and calculated the potential reductions from those units based upon the operation of those units on the HEDD that occurred on July 26, 2005, and the normal demand day of June 4, 2005.
2.  Any recommendations regarding the various ways to achieve the reductions in the MOU.
3.  Comments concerning the future impacts on HEDD units from the developing Advanced Energy Portfolio Standard Implementation; new Federal CO2 initiatives; and any proposed electric law changes, if they will have any overlap with this initiative and if they may otherwise provide emissions reductions, change the economics, operations of the electric system, and the like.

   Written comments should be sent by June 1, 2007, to J. Wick Havens, Chief, Division of Air Resource Management, Bureau of Air Quality, P. O. Box 8468, Harrisburg, PA 17105-8468, jhavens@state.pa.us. The Department will consider and retain all comments, but will not prepare a comment and response document. The Department will consider the comments prior to deciding whether to pursue the adoption of HEDD measures in PA.

   Persons with a disability who wish to attend a meeting and require an auxiliary aid, service or other accommodation to participate in the meeting should contact Yvette House at (717) 787-9498, yhouse@state.pa.us. TDD users may contact the Pennsylvania AT&T Relay Service at (800) 654-5984 to discuss how the Department can best accommodate their needs.

   Information regarding the OTC action and the HEDD MOU can be found at www.otcair.org/document.asp? fview=meeting#.

   The OTC is a multistate organization created under the Federal Clean Air Act. The OTC is responsible for advising Environmental Protection Agency on transport issues and for developing and implementing regional solutions to the groundlevel ozone problem in the Northeast and Mid-Atlantic regions. The Commonwealth is a member of the OTC.

   The public meeting will be held Wednesday, May 30, 2007, 9 a.m.--11:30 a.m., Sixth Floor Conference Room, Rachel Carson State Office Building, 400 Market Street, Harrisburg, PA 17105.

KATHLEEN A. MCGINTY,   
Secretary

[Pa.B. Doc. No. 07-846. Filed for public inspection May 11, 2007, 9:00 a.m.]


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