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PA Bulletin, Doc. No. 11-454


Clean Air Interstate Rule; 2011 Allocation of 2010 Vintage NOx Allowances Set Aside to Offset SO2 Emissions

[41 Pa.B. 1580]
[Saturday, March 19, 2011]

 In accordance with 25 Pa. Code § 145.212(f)(2) (relating to CAIR NOx allowance allocations), the Department of Environmental Protection (Department) is providing notice of the issuance of 2010 vintage Clean Air Interstate Rule (CAIR) nitrogen oxides (NOx) allowances to owners or operators of certain CAIR sulfur dioxide (SO2) units for the purpose of offsetting SO2 emissions. These units were exempted under the Federal Acid Rain Program provisions in section 405(g)(6)(A) of the Clean Air Act (42 U.S.C.A. § 7651d(g)(6)(A) and therefore did not receive SO2 allowances, yet are subject to the CAIR SO2 Trading Program. The Department allocated the CAIR NOx allowances identified in this notice on a ratio of 1 CAIR NOx allowance to every 8 tons of SO2 emitted in 2010 in response to written requests submitted to the Department by January 31, 2011. Up to 1.3% of this Commonwealth's CAIR NOx Annual Trading Program budget is available for allocation to these units, as described in 25 Pa. Code § 145.212(f)(2) and (4).

 The Commonwealth's CAIR NOx Annual Trading Program budget contained 99,049 CAIR NOx allowances for 2010; 97,761 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, were set aside for this allocation. The Department received two requests by January 31, 2011, for additional CAIR NOx allowances. Based on the calculations submitted, each of the following facilities received the requested 2010 CAIR NOx allowances:

Cambria Cogen ORIS 10641 231 NOx allowances
IPAC Colver Power  Project ORIS 10143 324 NOx allowances

 On February 15, 2011, the United States Environmental Protection Agency notified the owners and operators of the two facilities and the Department of the CAIR NOx allowance account transfers. There were 1,288 CAIR NOx allowances set aside and 555 CAIR NOx allowances requested and issued. In accordance with 25 Pa. Code § 145.212(f)(5), the Department may consider requests, in writing, for the remaining NOx allowances. The remaining NOx allowances would be allocated by the Department on a pro rata basis; the allocations would be subject to a 30-day public comment period after providing notice in the Pennsylvania Bulletin.

 Action at the Federal or State level could affect the allocated NOx allowances. Annual and ozone season CAIR NOx allowances do not constitute property rights.

 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 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 to ranbordner@ TDD users may contact the Pennsylvania AT&T Relay Service at (800) 654-5984 to discuss how the Department can best accommodate their needs.

Acting Secretary

[Pa.B. Doc. No. 11-454. Filed for public inspection March 18, 2011, 9:00 a.m.]

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