NOTICES
Clean Air Interstate Rule; 2013 Allocation of 2012 Vintage Nitrogen Oxides Allowances Set Aside to Offset Sulfur Dioxide Emissions; Correction
[43 Pa.B. 5660]
[Saturday, September 21, 2013]In accordance with 25 Pa. Code § 145.212(f)(2) (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 a correction that results in an allocation of 2012 vintage Clean Air Interstate Rule (CAIR) nitrogen oxides (NOx) allowances to Cambria Cogen Company, an owner or operator of a CAIR sulfur dioxide (SO2) unit, for the purpose of offsetting SO2 emissions. This unit was 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 is subject to the CAIR SO2 Trading Program.
The Commonwealth's CAIR NOx Annual Trading Program budget contained 99,049 CAIR NOx allowances for 2012; 97,761 of the CAIR NOx allowances were allocated 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, as described in 25 Pa. Code § 145.212(f)(2) and (4). The Department published the allocation notice of 2012 vintage CAIR NOx allowances set aside to offset SO2 emissions at 43 Pa.B. 1659 (March 23, 2013). On May 11, 2013, the Department published notice of an additional allocation based on requests received after the regulatory deadline. The Department is publishing a correction to the notice published at 43 Pa.B. 1659 because Cambria Cogen's on-time request was inadvertently omitted from this notice.
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 an allocation of 219 CAIR NOx allowances.
The following table lists the facility name, ORIS number and the number of CAIR NOx allowances allocated.
Facility Name ORIS # # of NOx Allowances Cambria Cogen 10641 219 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 court proceedings in EPA v. EME Homer City Generation LP, U.S., No. 12-1182, could affect these allocations.
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 at (717) 772-3921 or ranbordner@pa.gov. 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. 13-1729. Filed for public inspection September 20, 2013, 9:00 a.m.]
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