NOTICES

Interstate Pollution Transport Reduction; Final 2010 Ozone Season NOx Emission Limits for Nonelectric Generating Units

[40 Pa.B. 2355]
[Saturday, May 1, 2010]

 The Department of Environmental Protection (Department) is providing notice of the final nonelectric generating unit (non-EGU) 2010 ozone season NOx emission limitations established in accordance with 25 Pa. Code § 145.8(d) (relating to transition to CAIR NOx trading programs).

 Notice of a 15-day public comment period on the proposed limits was published at 40 Pa.B. 1594 (March 20, 2010). 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 its proposed 2010 limit of 0 tons for a particular unit as being a penalty for taking outages during the 2009 ozone season during the recession and believes the limit prevents the commentator from operating the unit in 2010. This is not the case. The Clean Air Interstate Rule (CAIR) transition rule will not prevent the unit's operation. For non-EGU's it sets a threshold at which the unit will need to surrender CAIR NOx Ozone Season allowances if the ozone season Statewide NOx emissions limitation for non-EGUs in 25 Pa. Code § 145.8(d) is exceeded.

 If the Statewide emissions limitation is exceeded, the owner and operator of any unit that exceeds its individual allowable emissions established under 25 Pa. Code § 145.8(d) for that ozone season may also use any unused portion of an emission limitation allocated to the other units within the facility and from other facilities under common ownership throughout this Commonwealth to cover any excess NOx emissions.

 Furthermore, the commentator suggested the Department allocate a limit for the unit similar to the 2009 limit from the surplus fund given the operator's unique circumstances. The rule does not allow this. As is explained, the 60 tons that will remain of the NOx emissions cap are to be used for accounting adjustments. If the unit did not operate in 2009, no portion of the cap is allocated to the unit for 2010.

 Finally, the commentator reiterated its comment of last year suggesting 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. This comment is beyond the scope of the non-EGU 2010 ozone season NOx emission limitations. The Department addressed the issue in the preamble of Pennsylvania's 2008 CAIR rulemaking.

 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 emissions 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 2010 Ozone Season NOx Limits'' table following lists the following: facility name, ORIS code, unit ID for each non-EGU unit, operating year, heat input for 2008 ozone season, calculated 2010 rate and 2010 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 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 at (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 1: Final Non-EGU 2010 Ozone Season NOx Emission Limits

Facility Name	ORIS CODE	Unit ID	Op Year	NOx Rate lb/MMBtu	NOx Mass Tons	Heat Input MMBtu	2010 Rate	2010 OS Limit
Armagh Compressor Station	880071	31301	2009	25-Ton Exemption (Limit 25-tons)	0.0	0	0.261	0
Bernville Station	880049	32001	2009	0.000	0.0	0	0.261	0
ConocoPhillips Co., Trainer Refinery	880025	32	2009	Retired	0.0	0	0.261	0
ConocoPhillips Co., Trainer Refinery	880025	33	2009	0.217	75.3	691,401	0.261	90
ConocoPhillips Co., Trainer Refinery	880025	34	2009	0.005	1.6	534,619	0.261	70
ConocoPhillips Co., Trainer Refinery	880025	35	2009	0.006	1.9	573,745	0.261	75
Domtar Paper Company, LLC	54638	40	2009	0.342	166.7	977,790	0.261	128
Domtar Paper Company, LLC	54638	41	2009	0.344	163.1	949,688	0.261	124
Entriken Compressor Station	880072	31601	2009	25-Ton Exemption (Limit 25-tons)	0.0	0	0.261	0
FPL Energy Marcus Hook, LP	55801	AB01	2009	0.022	6.0	538,275	0.261	70
FPL Energy Marcus Hook, LP	55801	AB02	2009	0.033	10.9	638,296	0.261	83
FPL Energy Marcus Hook, LP	55801	AB03	2009	0.032	7.3	463,572	0.261	61
FPL Energy Marcus Hook, LP	55801	AB04	2009	0.033	10.9	656,585	0.261	86
Kimberly-Clark Tissue Company	50410	34	2009	2.00	0.0	10	0.261	0
Kimberly-Clark Tissue Company	50410	35	2009	0.060	100.5	3,673,949	0.261	480
Merck & Company—West Point	52149	39	2009	0.095	17.7	377,183	0.261	49
Merck & Company—West Point	52149	40	2009	0.025	9.1	742,715	0.261	97
P H Glatfelter Company	50397	34	2009	0.470	281.6	1,198,104	0.261	157
P H Glatfelter Company	50397	35	2009	0.522	268.6	1,021,643	0.261	133
P H Glatfelter Company	50397	36	2009	0.225	202.8	1,809,070	0.261	236
Philadelphia Refinery	52106	150137	2009	0.119	46.8	784,574	0.261	103
Philadelphia Refinery	52106	150138	2009	0.147	35.8	491,960	0.261	64
Philadelphia Refinery	52106	150139	2009	0.119	44.3	741,340	0.261	97
Philadelphia Refinery	52106	150140	2009	0.141	87.1	1,182,635	0.261	155
Procter & Gamble Paper Products	50463	328001	2009	0.161	129.4	1,620,502	0.261	212
Shenango Incorporated	54532	6	2009	Retired	0.0	0	0.261	0
Shenango Incorporated	54532	9	2009	Retired	0.0	0	0.261	0
Shermans Dale Station	880050	31801	2009	0.000	0.0	0	0.261	0
Sunoco Chemicals Frankford Plant	880007	52	2009	0.054	15.0	568,054	0.261	74
US Steel (Clariton Coke)	50729	CLBLR1	2009	0.136	89.8	1,305,944	0.261	171
US Steel (Clariton Coke)	50729	CLBLR2	2009	0.000	0.0	0	0.261	0
US Steel (Edgar Thompson)	50732	ETBLR1	2009	0.027	18.2	1,359,123	0.261	178
US Steel (Edgar Thompson)	50732	ETBLR2	2009	0.028	19.7	1,426,418	0.261	186
US Steel (Edgar Thompson)	50732	ETBLR3	2009	0.032	22.7	1,445,930	0.261	189
Naval Surface Warfare Division	880009	98	2009	Retired	0.0	0	0.261	0
Naval Surface Warfare Division	880009	99	2009	25-Ton Exemption (Limit 1-ton)	0.0	0	0.261	0
Naval Surface Warfare Division	880009	100	2009	25-Ton Exemption (Limit 25-tons)	0.0	0	0.261	0
United Refining	880099	4	2009	0.173	46.7	539,884	0.261	71
				Totals	1,879.7	26,313,010	0.261	3,438

JOHN HANGER, 
Secretary

[Pa.B. Doc. No. 10-783. Filed for public inspection April 30, 2010, 9:00 a.m.]

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