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PA Bulletin, Doc. No. 08-587


NOx Budget Trading Program; New Source Set-Aside 2008 NOx Allocations

[38 Pa.B. 1549]
[Saturday, March 29, 2008]

   Under 25 Pa. Code § 145.41(d) (relating to timing requirements for NOx allowance allocations), the Department of Environmental Protection (Department) is publishing the NOx allowance allocations from the new source set-aside for the 2008 control period (May 1, 2008, through September 30, 2008). The new source set-aside contains 2,542 NOx allowances, 1,920 of which are available for new sources after allocation corrections. For each NOx budget unit, Table 1 lists: 1) the NOx allowances applied for under the ''request'' column; 2) the maximum potential number of NOx allowances authorized by the regulation under the ''maximum'' column; and 3) the final NOx allocation under the ''allocation'' column.

   New source operators are advised that this allocation is for one control period only.

   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 the 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 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 to 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 of the publication of this notice. A lawyer in 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 free pro bono representation. The Secretary to the Board should be contacted at (717) 787-3483 for additional information.

   Questions concerning this notice should be directed to Jane Mahinske, Bureau of Air Quality, Division of Air Resource Management, 400 Market Street, P. O. Box 8468, Harrisburg, PA 17105-8468, (717) 783-8949,

Table 1--2008 New Source Set-Aside Allocations

Facility ORIS Point ID Request Maximum Allocation
Reliant Energy (Seward) 313 CFB1 697 697 697
Reliant Energy (Seward) 313 CFB2 697 697 697
FPL Energy (Marcus Hook) 55801 CT1 54 54 54
FPL Energy (Marcus Hook) 55801 CT2 54 54 54
FPL Energy (Marcus Hook) 55801 CT3 54 54 54
FPL Energy (Marcus Hook) 55801 AB1 43 43 43
FPL Energy (Marcus Hook) 55801 AB2 43 43 43
FPL Energy (Marcus Hook) 55801 AB3 43 43 43
FPL Energy (Marcus Hook) 55801 AB4 43 43 43
Totals: 1,728 1,728 1,728


[Pa.B. Doc. No. 08-587. Filed for public inspection March 28, 2008, 9:00 a.m.]

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