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PA Bulletin, Doc. No. 13-241

NOTICES

Interstate Pollution Transport Reduction; Final 2013 Ozone Season Nitrogen Oxide Emission Limits for Nonelectric Generating Units

[43 Pa.B. 937]
[Saturday, February 9, 2013]

 The Department of Environmental Protection (Department) is providing notice of the final Nonelectric Generating Unit (non-EGU) 2013 Ozone Season Nitrogen Oxide (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 42 Pa.B. 7866 (December 29, 2012). The public comment period offered the public an opportunity to review the information and data as a way to ensure the information was correct. One comment was received. No changes to the emission limitations were made based on comments received.

 The commentator requested that the Department explain why the ''non-EGU Ozone Season'' is ''only'' May to September, and requested that the Department expand the ozone season to April to October.

 The comment is beyond the scope of the proposed action, which is to establish non-EGU 2013 ozone season NOx emission limitations in accordance with 25 Pa. Code § 145.8(d). The ozone season for this action is identified in 25 Pa. Code § 145.2 (relating to definitions), which defines ''control period'' as ''The period beginning May 1 of a year and ending on September 30 of the same year, inclusive.'' The NOx budget for non-EGUs in 25 Pa. Code § 145.8(d) is the NOx Trading Program budget for non-EGUs in 25 Pa. Code § 145.40(a)(2) (relating to State Trading Program budget), which established the control period budgets in the NOx Budget Trading Program. Hence, the Department is required to use, and has consistently used, May through September. The extended ozone season proposed by the commentator is more stringent than the regulatory requirement.

 Based on the emissions reported to the United States Environmental Protection Agency (EPA) for April through October 2012, extending the ozone season would not result in any additional emission reductions since the facilities participating in the non-EGU program did not exceed the current 3,438 tons NOx emission cap during that time frame.

 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.

 The Department made accounting adjustments for the following facilities:

 Retired Units: Naval Surface Warfare Division Unit 98; Shenango Units 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 Clean Air Interstate Rule, 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). Table 1: Final Non-EGU 2013 Ozone Season NOx Emission Limits, as follows, lists the following: the Facility Name, ORIS Code, the Unit ID for each non-EGU unit, the operating year, the NOx rate, NOx mass in tons, the heat input for the 2012 Ozone Season, the calculated 2013 rate and the 2013 Ozone Season Limit.

 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 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.

MICHAEL L. KRANCER, 
Secretary

Table 1: Final Non-EGU 2013 Ozone Season NOx Emission Limits

Facility Name ORIS
Code 		Unit ID Nox Rate
lb/MMBtu 		2012
Nox Mass
tons 		Heat Input
MMBtu 		County 2013
Rate 		2013
OS
Limit
Armagh Compressor Station 880071 31301 0 - 25-ton exemption (limit 25 tons) Indiana 0.29 0
Bernville Station 880049 32001 0 - - Berks 0.29 0
Domtar Paper Company, LLC 54638 40 0.376 119.81 640,508.70 Elk 0.29 93
Domtar Paper Company, LLC 54638 41 0.376 123.47 665,571.00 Elk 0.29 97
Entriken Compressor Station 880072 31601 0 - 25-ton exemption (limit 25 tons) Huntingdon 0.29 0
FPL Energy MH50 50074 1 0.254 0.33 3,079.63 Delaware 0.29 0
FPL Energy Marcus Hook, LP 55801 AB01 0 - - Delaware 0.29 0
FPL Energy Marcus Hook, LP 55801 AB02 0.019 2.97 308,616.23 Delaware 0.29 45
FPL Energy Marcus Hook, LP 55801 AB03 0.021 6.09 586,103.83 Delaware 0.29 85
FPL Energy Marcus Hook, LP 55801 AB04 0.023 4.27 375,968.31 Delaware 0.29 55
Honeywell Resins & Chemicals, LLC 880007 52 0.068 29.64 867,582.06 Philadelphia 0.29 126
Kimberly- Clark Tissue Company 50410 34 0 - - Delaware 0.29 0
Kimberly- Clark Tissue Company 50410 35 0.044 55.95 2,649,793.85 Delaware 0.29 386
Martins Creek 3148 aux 4Northampton 0.29 0
Merck & Company— West Point 52149 39 0.08 23.86 600,301.83 Montgomery 0.29 87
Merck & Company— West Point 52149 40 0.023 11.18 982,129.24 Montgomery 0.29 143
Naval Surface Warfare Division 880009 98 Retired 0
Naval Surface Warfare Division 880009 99 25-ton exemption (limit 1 ton) 0
Naval Surface Warfare Division 880009 1000 25-ton exemption (limit 25 tons) 0
P H Glatfelter Company 50397 34 0.492 272.07 1,103,487.10 York 0.29 161
P H Glatfelter Company 50397 35 0.446 163.89 673,133.90 York 0.29 98
P H Glatfelter Company 50397 36 0.105 89.51 1,685,148.50 York 0.29 245
Philadelphia Refinery 52106 150137 0.034 17.15 996,012.43 Philadelphia 0.29 145
Philadelphia Refinery 52106 150138 0 - - Philadelphia 0.29 0
Philadelphia Refinery 52106 150139 0.034 16.26 943,848.40 Philadelphia 0.29 137
Philadelphia Refinery 52106 150140 0.033 13.55 817,854.38 Philadelphia 0.29 119
Procter & Gamble Paper Products 50463 328001 0.149 145.33 1,961,560.93 Wyoming 0.29 286
Shenango Incorporated 54532 6 Retired 0
Shenango Incorporated 54532 9 Retired 0
Shermans Dale Station 880050 31801 0.7 0.11 318.00 Perry 0.29 0
Trainer Refinery 880025 33 0 - - Delaware 0.29 0
Trainer Refinery 880025 34 0.006 0.11 38,461.86 Delaware 0.29 6
Trainer Refinery 880025 35 0.005 0.89 408,334.74 Delaware 0.29 59
US Steel (Clairton Coke) 50729 CLBLR1 0.226 202.21 1,689,209.04 Allegheny 0.29 246
US Steel (Clairton Coke) 50729 CLBLR2 0.196 34.15 311,723.53 Allegheny 0.29 45
US Steel (Edgar Thomson) 50732 ETBLR1 0.022 14.75 1,391,743.43 Allegheny 0.29 203
US Steel (Edgar Thomson) 50732 ETBLR2 0.019 16.43 1,734,044.00 Allegheny 0.29 252
US Steel (Edgar Thomson) 50732 ETBLR3 0.024 19.77 1,673,698.20 Allegheny 0.29 244
Veolia Energy Philadelphia— Edison Sta 880006 1 0.64 4.37 26,168.70 Philadelphia 0.29 4
Veolia Energy Philadelphia— Edison Sta 880006 2 0.778 4.98 11,527.90 Philadelphia 0.29 2
Veolia Energy Philadelphia— Edison Sta 880006 3 0.86 0.07 434.90 Philadelphia 0.29 0
Veolia Energy Philadelphia— Edison Sta 880006 4 0.861 0.03 184.00 Philadelphia 0.29 0
Veolia Energy Philadelphia— Schuylkill 50607 RSB1 1.26 4.23 6,718.83 Philadelphia 0.29 1
Veolia Energy Philadelphia— Schuylkill 50607 RSB2 0 - - Philadelphia 0.29 0
United Refining 880099 4 0.08 17.56 467252.3 0.29 68
Total 1,414.97 23,620,519.74 3,438
[Pa.B. Doc. No. 13-241. Filed for public inspection February 8, 2013, 9:00 a.m.]


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