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PA Bulletin, Doc. No. 13-514


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

[43 Pa.B. 1659]
[Saturday, March 23, 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 the issuance of 2012 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 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 2012 in response to written requests submitted to the Department by January 31, 2013. Up to 1.3% of the 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 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 this allocation. The Department received three requests by January 31, 2013, for additional CAIR NOx allowances.

 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 226 CAIR NOx allowances.

 For every facility that submitted a request prior to January 31, 2013, the following table lists the facility name, ORIS number and unit identification number, if applicable, and the number of CAIR NOx allowances to be allocated.

Facility Name ORIS # Unit ID # of NOx Allowances
Ebensburg Power  Company 10603 31 56
Piney Creek, LP 54144 31 136
Westwood Generation,  LLC 50611 31 34

 There were 1,288 CAIR NOx allowances set aside and 226 CAIR NOx allowances to be 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. The Department published at 43 Pa.B. 1639 (March 23, 2013) a separate notice for public comment on proposed allocations based on written requests received after January 31, 2013, for 318 of the remaining 1,062 vintage 2012 CAIR NOx allowances.

 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 possible further court proceedings in EME Homer City Generation, L.P. v. EPA, D.C. Cir. 11-1302, 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, (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. 13-514. Filed for public inspection March 22, 2013, 9:00 a.m.]

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