241 Interstate pollution transport reduction; final 2013 ozone season nitrogen oxide emission limits for nonelectric generating units?

Interstate Pollution Transport Reduction; Final 2013 Ozone Season Nitrogen Oxide Emission Limits for Nonelectric Generating Units

[43 Pa.B. 937]
[Saturday, February 9, 2013]

 The Department of Environmental Protection (Department) is providing notice of the final Nonelectric Generating Unit (non-EGU) 2013 Ozone Season Nitrogen Oxide (NO_x) emission limitations established in accordance with 25 Pa. Code § 145.8(d) (relating to transition to CAIR NO_x trading programs).

 Notice of a 15-day public comment period on the proposed limits was published at 42 Pa.B. 7866 (December 29, 2012). The public comment period offered the public an opportunity to review the information and data as a way to ensure the information was correct. One comment was received. No changes to the emission limitations were made based on comments received.

 The commentator requested that the Department explain why the ''non-EGU Ozone Season'' is ''only'' May to September, and requested that the Department expand the ozone season to April to October.

 The comment is beyond the scope of the proposed action, which is to establish non-EGU 2013 ozone season NO_x emission limitations in accordance with 25 Pa. Code § 145.8(d). The ozone season for this action is identified in 25 Pa. Code § 145.2 (relating to definitions), which defines ''control period'' as ''The period beginning May 1 of a year and ending on September 30 of the same year, inclusive.'' The NO_x budget for non-EGUs in 25 Pa. Code § 145.8(d) is the NO_x Trading Program budget for non-EGUs in 25 Pa. Code § 145.40(a)(2) (relating to State Trading Program budget), which established the control period budgets in the NO_x Budget Trading Program. Hence, the Department is required to use, and has consistently used, May through September. The extended ozone season proposed by the commentator is more stringent than the regulatory requirement.

 Based on the emissions reported to the United States Environmental Protection Agency (EPA) for April through October 2012, extending the ozone season would not result in any additional emission reductions since the facilities participating in the non-EGU program did not exceed the current 3,438 tons NO_x emission cap during that time frame.

 In this notice, the NO_x emissions cap provides 181 tons of NO_x emissions for non-EGUs and the other units that need to address their emissions through accounting adjustments, including units that previously participated in the NO_x Budget Trading Program; emissions from these units were below the 25-ton exemption threshold. Adjustments were also made for the permanent retirement of NO_x allowances due to generation of emission reduction credits. The Department will also use a portion of the 181 tons of the budgeted NO_x emissions, if necessary, to address mistakes or miscalculations. This year, the Department is using 121 tons of the 181 tons of NO_x for account adjustments, leaving 60 tons available for any additional adjustments at the end of the control period.

 The Department made accounting adjustments for the following facilities:

 Retired Units: Naval Surface Warfare Division Unit 98; Shenango Units Nos. 6 and 9 (the generation of emission offsets for small non-NO_x Budget Trading Program units resulted in a permanent NO_x accounting adjustment of 45 tons).

 Exempt Units: Each of the following units has a 25-ton NO_x permit limit: Armagh Compressor Station (Unit 31301); Entriken Compressor Station (Unit 31601); and the Naval Surface Warfare Division (Unit 100). The Naval Surface Warfare Division (Unit 99) has a 1-ton NO_x permit limit. All of these 25-ton exempt status units account for a total adjustment of 76 tons of NO_x emissions.

 Units subject to the requirements in 25 Pa. Code § 145.8 are required to meet the monitoring and reporting requirements of the EPA's Clean Air Interstate Rule, found in 40 CFR Part 96, Subpart HHHH (relating to monitoring and reporting) and maintain general accounts and account representatives under 40 CFR Part 96, Subparts BBBB and FFFF (relating to CAIR designated representative for CAIR NO_x ozone season sources; and CAIR NO_x ozone season allowance tracking system). Table 1: Final Non-EGU 2013 Ozone Season NO_x Emission Limits, as follows, lists the following: the Facility Name, ORIS Code, the Unit ID for each non-EGU unit, the operating year, the NO_x rate, NO_x mass in tons, the heat input for the 2012 Ozone Season, the calculated 2013 rate and the 2013 Ozone Season Limit.

 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, [phone]. TDD users may contact the Environmental Hearing Board (Board) through the Pennsylvania AT&T Relay Service, [phone]. 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 [phone]. 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 [phone] for more information.

 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

Table 1: Final Non-EGU 2013 Ozone Season NO_x Emission Limits

Facility Name	ORIS Code	Unit ID	Nox Rate lb/MMBtu	2012 Nox Mass tons	Heat Input MMBtu	County	2013 Rate	2013 OS Limit
Armagh Compressor Station	880071	31301	0	-	25-ton exemption (limit 25 tons)	Indiana	0.29	0
Bernville Station	880049	32001	0	-	-	Berks	0.29	0
Domtar Paper Company, LLC	54638	40	0.376	119.81	640,508.70	Elk	0.29	93
Domtar Paper Company, LLC	54638	41	0.376	123.47	665,571.00	Elk	0.29	97
Entriken Compressor Station	880072	31601	0	-	25-ton exemption (limit 25 tons)	Huntingdon	0.29	0
FPL Energy MH50	50074	1	0.254	0.33	3,079.63	Delaware	0.29	0
FPL Energy Marcus Hook, LP	55801	AB01	0	-	-	Delaware	0.29	0
FPL Energy Marcus Hook, LP	55801	AB02	0.019	2.97	308,616.23	Delaware	0.29	45
FPL Energy Marcus Hook, LP	55801	AB03	0.021	6.09	586,103.83	Delaware	0.29	85
FPL Energy Marcus Hook, LP	55801	AB04	0.023	4.27	375,968.31	Delaware	0.29	55
Honeywell Resins & Chemicals, LLC	880007	52	0.068	29.64	867,582.06	Philadelphia	0.29	126
Kimberly- Clark Tissue Company	50410	34	0	-	-	Delaware	0.29	0
Kimberly- Clark Tissue Company	50410	35	0.044	55.95	2,649,793.85	Delaware	0.29	386
Martins Creek	3148	aux 4				Northampton	0.29	0
Merck & Company— West Point	52149	39	0.08	23.86	600,301.83	Montgomery	0.29	87
Merck & Company— West Point	52149	40	0.023	11.18	982,129.24	Montgomery	0.29	143
Naval Surface Warfare Division	880009	98			Retired			0
Naval Surface Warfare Division	880009	99			25-ton exemption (limit 1 ton)			0
Naval Surface Warfare Division	880009	1000			25-ton exemption (limit 25 tons)			0
P H Glatfelter Company	50397	34	0.492	272.07	1,103,487.10	York	0.29	161
P H Glatfelter Company	50397	35	0.446	163.89	673,133.90	York	0.29	98
P H Glatfelter Company	50397	36	0.105	89.51	1,685,148.50	York	0.29	245
Philadelphia Refinery	52106	150137	0.034	17.15	996,012.43	Philadelphia	0.29	145
Philadelphia Refinery	52106	150138	0	-	-	Philadelphia	0.29	0
Philadelphia Refinery	52106	150139	0.034	16.26	943,848.40	Philadelphia	0.29	137
Philadelphia Refinery	52106	150140	0.033	13.55	817,854.38	Philadelphia	0.29	119
Procter & Gamble Paper Products	50463	328001	0.149	145.33	1,961,560.93	Wyoming	0.29	286
Shenango Incorporated	54532	6			Retired			0
Shenango Incorporated	54532	9			Retired			0
Shermans Dale Station	880050	31801	0.7	0.11	318.00	Perry	0.29	0
Trainer Refinery	880025	33	0	-	-	Delaware	0.29	0
Trainer Refinery	880025	34	0.006	0.11	38,461.86	Delaware	0.29	6
Trainer Refinery	880025	35	0.005	0.89	408,334.74	Delaware	0.29	59
US Steel (Clairton Coke)	50729	CLBLR1	0.226	202.21	1,689,209.04	Allegheny	0.29	246
US Steel (Clairton Coke)	50729	CLBLR2	0.196	34.15	311,723.53	Allegheny	0.29	45
US Steel (Edgar Thomson)	50732	ETBLR1	0.022	14.75	1,391,743.43	Allegheny	0.29	203
US Steel (Edgar Thomson)	50732	ETBLR2	0.019	16.43	1,734,044.00	Allegheny	0.29	252
US Steel (Edgar Thomson)	50732	ETBLR3	0.024	19.77	1,673,698.20	Allegheny	0.29	244
Veolia Energy Philadelphia— Edison Sta	880006	1	0.64	4.37	26,168.70	Philadelphia	0.29	4
Veolia Energy Philadelphia— Edison Sta	880006	2	0.778	4.98	11,527.90	Philadelphia	0.29	2
Veolia Energy Philadelphia— Edison Sta	880006	3	0.86	0.07	434.90	Philadelphia	0.29	0
Veolia Energy Philadelphia— Edison Sta	880006	4	0.861	0.03	184.00	Philadelphia	0.29	0
Veolia Energy Philadelphia— Schuylkill	50607	RSB1	1.26	4.23	6,718.83	Philadelphia	0.29	1
Veolia Energy Philadelphia— Schuylkill	50607	RSB2	0	-	-	Philadelphia	0.29	0
United Refining	880099	4	0.08	17.56	467252.3		0.29	68
			Total	1,414.97	23,620,519.74			3,438

[Pa.B. Doc. No. 13-241. Filed for public inspection February 8, 2013, 9:00 a.m.]