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PA Bulletin, Doc. No. 13-512


Clean Air Interstate Rule; Proposed 2013 Allocation of Remaining 2012 Vintage Nitrogen Oxides Allowances Set Aside to Offset Sulfur Dioxide Emissions from Qualifying Units

[43 Pa.B. 1639]
[Saturday, March 23, 2013]

 The Department of Environmental Protection (Department) is providing notice and an opportunity for comment on the proposed allocation of the remaining 2012 vintage Clean Air Interstate Rule (CAIR) nitrogen oxides (NOx) allowances set aside for the owners or operators of qualifying fossil fuel-fired units that did not receive any sulfur dioxide (SO2) allowances under the United States Environmental Protection Agency's Acid Rain Program. The 30-day public comment period will end on April 22, 2013. These allocations are proposed to be made to CAIR SO2 units for the purpose of offsetting SO2 emissions in accordance with 25 Pa. Code § 145.212(f)(2) and (5) (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 Commonwealth's CAIR NOx Annual Trading Program budget contained 99,049 CAIR NOx allowances for 2012; the Department allocated 97,761 of the CAIR NOx allowances 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. These units were 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 are subject to the CAIR SO2 Trading Program. The Department received three requests for allocations of CAIR NOx allowances by the January 31, 2013, deadline, and finalized those 226 NOx allowance allocations at 43 Pa.B. 1659 (March 23, 2013) leaving 1,062 CAIR NOx allowances.

 In accordance with 25 Pa. Code § 145.212(f)(5), the Department has considered written requests from the owners and operators of qualifying units, received after January 31, 2013, for these remaining 1,062 vintage 2012 CAIR NOx allowances. On a prorated basis, the Department is proposing to allocate 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 proposed allocation of an additional 318 CAIR NOx allowances.

 The following table identifies the facility from which the Department received a request after January 31, 2013. The table lists the facility name, ORIS number, unit identification number and number of CAIR NOx allowances proposed in this notice to be allocated.

Facility Name ORIS # Unit ID # of NOx Allowances
A/C Power Colver  Operations 10143 AABO1 318

 Owners and operators of qualifying units should be aware that CAIR NOx allowances and CAIR NOx Ozone Season allowances do not constitute property rights, and that actions at the Federal or State level, including possible further court proceedings in EME Homer City Generation, L.P. v EPA, D.C. Cir. 11-1302, could affect these allocations, once final.

Written Comments

 Written comments on the proposed additional CAIR NOx allowance allocation should be sent to the attention of Randy Bordner, Environmental Group Manager, Air Resource Management Division, Bureau of Air Quality, Department of Environmental Protection, P. O. Box 8468, Harrisburg, PA 17105-8468 or no later than April 22, 2013. Any written comments (including e-mails) should include the name, affiliation (if any), mailing address and telephone number of the interested person and contain ''2012 Vintage CAIR NOx Allowances Set Aside to Offset SO2 Emissions'' in the subject line.

 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.


[Pa.B. Doc. No. 13-512. Filed for public inspection March 22, 2013, 9:00 a.m.]

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