334 Clean Air Interstate Rule; proposed 2016 new unit annual and ozone season CAIR nitrogen oxides allowance allocations?

Clean Air Interstate Rule; Proposed 2016 New Unit Annual and Ozone Season CAIR Nitrogen Oxides Allowance Allocations

[42 Pa.B. 1101]
[Saturday, February 25, 2012]

 In accordance with 25 Pa. Code §§ 145.211(d)(3) and 145.221(d)(3) (relating to timing requirements for CAIR NO_x allowance allocations; and timing requirements for CAIR NO_x Ozone Season allowance allocations), the Department of Environmental Protection (Department) is providing notice and an opportunity to comment on the proposed 2016 annual and ozone season Clean Air Interstate Rule (CAIR) nitrogen oxides (NO_x) allowance allocations for new units. The Commonwealth's total 2016 NO_x budget for the annual CAIR program contains 82,541 NO_x allowances and the Commonwealth's total 2016 NO_x budget for the ozone season CAIR program contains 35,143 NO_x allowances.

 New unit CAIR NO_x allocations for the annual and ozone season programs are made in accordance with 25 Pa. Code §§ 145.212(e) and 145.222(e) (relating to CAIR NO_x allowance allocations; and CAIR NO_x Ozone Season allowance allocations). The Department issues CAIR NO_x allowances and CAIR NO_x Ozone Season allowances equal to each new unit's 2011 annual and ozone season emissions prior to making regular allocations to other units.

 For each new unit receiving a CAIR NO_x allocation, Table 1 lists the following information: Facility name, County, ORIS Code, Unit ID, 2011 Annual NO_x Emission, 2011 Ozone Season NO_x Emission, Operation Date, 2016 Annual New Unit Allocation and 2016 New Unit Ozone Season Allowance Allocation.

Table 1: Proposed 2016 CAIR New Unit Allocations

Facility Name	County	ORIS Code	Unit ID	2011 Annual NOx Emission (tons)	2011 Ozone Season NOx Emission (tons)	Operation Date (EPA data)	2016 CAIR New Unit Annual NOx Allowance Allocation	2016 CAIR New Unit Ozone Season NOx Allowance Allocation
Hunlock Creek Energy Center	Luzerne	3176	CT5	17	0	6/2/11	17	0
York Energy Center	York	55524	1	8	8	3/2/11	8	8
York Energy Center	York	55524	2	7.7	7.7	3/2/11	7	7
York Energy Center	York	55524	3	7.5	7.5	3/2/11	7	7

 Owners and operators of new units should be aware that CAIR NO_x allowances and CAIR NO_x Ozone Season allowances do not constitute property rights and that actions at the Federal or State level, including possible court action 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 new unit proposed annual and ozone season CAIR NO_x allowance allocations for 2016 should be sent to the attention of Randy Bordner, Environmental Group Manager, Air Resource Management Division, Bureau of Air Quality, DEP, P. O. Box 8468, Harrisburg, PA 17105-8468 or [e-mail] no later than March 12, 2012. Any written comments (including e-mails) should include the name, affiliation (if any), mailing address and telephone number of the interested person and contain ''Proposed 2016 New Unit Annual and Ozone Season CAIR Nitrogen Oxides (NO_x) Allowance Allocations'' in the subject line.

 Questions concerning this notice should be directed to Randy Bordner at [phone]. TDD users may contact the Pennsylvania AT&T Relay Service at [phone] to discuss how the Department can best accommodate their needs.

MICHAEL L. KRANCER, 
Secretary

[Pa.B. Doc. No. 12-334. Filed for public inspection February 24, 2012, 9:00 a.m.]