662 Interstate pollution transport reduction; final 2011 ozone season Nitrogen Oxide emission limits for nonelectric generating units?

Interstate Pollution Transport Reduction; Final 2011 Ozone Season Nitrogen Oxide Emission Limits for Nonelectric Generating Units

[41 Pa.B. 2087]
[Saturday, April 16, 2011]

 The Department of Environmental Protection (Department) is providing notice of the final Nonelectric Generating Unit (non-EGU) 2011 Ozone Season Nitrogen Oxide (NOx) emission limitations established in accordance with 25 Pa. Code § 145.8(d) (relating to transition to CAIR NOx trading programs).

 Notice of a 15-day public comment period on the proposed limits was published at 41 Pa.B. 1409 (March 12, 2011). The public comment period offered the public an opportunity to review the information and data as a way to ensure the information was correct. No comments were received.

 In this notice, the NOx emissions cap provides 181 tons of NOx emissions for non-EGUs and the other units that need to address their emissions through accounting adjustments, including units that previously participated in the NOx Budget Trading Program; emissions from these units were below the 25-ton exemption threshold. Adjustments were also made for the permanent retirement of NOx allowances due to generation of emission reduction credits. The Department will also use a portion of the 181 tons of the budgeted NOx emissions, if necessary, to address mistakes or miscalculations. This year, the Department is proposing to use 121 tons of the 181 tons of NOx 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-NOx Budget Trading Program units resulted in a permanent NOx accounting adjustment of 45 tons).

 Exempt Units: Each of the following units has a 25-ton NOx 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 NOx permit limit. All of these 25-ton exempt status units account for a total adjustment of 76 tons of NOx emissions.

 Units subject to the requirements in 25 Pa. Code § 145.8 are required to meet the monitoring and reporting requirements of the United States Environmental Protection Agency'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 NOx ozone season sources; and CAIR NOx ozone season allowance tracking system). The ''Non-EGU 2011 Ozone Season NOx Limits'' table lists the following: the Facility Name, ORIS Code, the Unit ID for each non-EGU unit, the operating year, the NOx rate, NOx mass in tons, the heat input for the 2010 Ozone Season, the calculated 2011 rate and the 2011 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 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, [phone]. TDD users may contact the Environmental Hearing Board (Board) through the Pennsylvania AT&T Relay Service at [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, 
Acting Secretary

Table 1: Non-EGU 2011 Ozone Season NOx Emission Limits

Facility Name	ORIS Code	Unit ID	Operating Year	NOx Rate lb/MMBtu	NOx Mass tons	Heat Input MMBtu	2011 Rate	2011 OS Limit
Armagh Compressor Station	880071	31301	2010	0	0	0	0.257	0
Bernville Station	880049	32001	2010	0	0	0	0.257	0
ConocoPhillips Co., Trainer Refinery	880025	33	2010	0.1636	48.933	558,135	0.257	72
ConocoPhillips Co., Trainer Refinery	880025	34	2010	0.0035	1.05	602,702	0.257	77
ConocoPhillips Co., Trainer Refinery	880025	35	2010	0.0056	1.789	627,803	0.257	81
Domtar Paper Company, LLC	54638	40	2010	0.3978	149.68	814,359	0.257	104
Domtar Paper Company, LLC	54638	41	2010	0.3978	154.19	832,058	0.257	107
Entriken Compressor Station	880072	31601	2010	0	0	0	0.257	0
FPL Energy MH50	50074	1	2010	0.1435	0.61	10,083	0.257	1
FPL Energy Marcus Hook, LP	55801	AB01	2010	0.0224	6.035	533,639	0.257	68
FPL Energy Marcus Hook, LP	55801	AB02	2010	0.0286	7.103	490,645	0.257	63
FPL Energy Marcus Hook, LP	55801	AB03	2010	0.0342	7.339	429,647	0.257	55
FPL Energy Marcus Hook, LP	55801	AB04	2010	0.0321	9.52	589,226	0.257	76
Kimberly-Clark Tissue Company	50410	34	2010	1.6548	0.008	10	0.257	0
Kimberly-Clark Tissue Company	50410	35	2010	0.062	84.486	2,747,863	0.257	352
Merck & Company-West Point	52149	39	2010	0.0755	13.691	363,622	0.257	47
Merck & Company-West Point	52149	40	2010	0.0195	7.679	791,256	0.257	101
P H Glatfelter Company	50397	34	2010	0.469	338.65	1,440,121	0.257	185
P H Glatfelter Company	50397	35	2010	0.4875	282.62	1,147,042	0.257	147
P H Glatfelter Company	50397	36	2010	0.2269	205.34	1,811,998	0.257	232
Philadelphia Refinery	52106	150137	2010	0.0348	18.497	1,068,366	0.257	137
Philadelphia Refinery	52106	150138	2010	0.0345	7.551	449,986	0.257	58
Philadelphia Refinery	52106	150139	2010	0.0348	19.811	1,136,839	0.257	146
Philadelphia Refinery	52106	150140	2010	0.0348	25.174	1,443,800	0.257	185
Procter & Gamble Paper Products	50463	328001	2010	0.1627	145.35	1,785,754	0.257	229
Shermans Dale Station	880050	31801	2010	0.7	0.001	4	0.257	0
Sunoco Chemicals Frankford Plant	880007	52	2010	0.0668	14.36	428,349	0.257	55
US Steel (Clairton Coke)	50729	CLBLR1	2010	0.1646	134.89	1,602,401	0.257	206
US Steel (Clairton Coke)	50729	CLBLR2	2010	0.0891	2.972	66,250	0.257	8
US Steel (Edgar Thomson)	50732	ETBLR1	2010	0.0184	12.673	1,407,802	0.257	181
US Steel (Edgar Thomson)	50732	ETBLR2	2010	0.0156	11.678	1,546,841	0.257	198
US Steel (Edgar Thomson)	50732	ETBLR3	2010	0.0177	13.126	1,540,980	0.257	198
United Refining	880099	4	2010	0.047	12.7	537,396	0.257	69
				Totals =	1737.5	26,804,977	0.257	3438

[Pa.B. Doc. No. 11-662. Filed for public inspection April 15, 2011, 9:00 a.m.]