783 Interstate pollution transport reduction; final 2010 ozone season NOx emission limits for nonelectric generating units  

  • Interstate Pollution Transport Reduction; Final 2010 Ozone Season NOx Emission Limits for Nonelectric Generating Units

    [40 Pa.B. 2355]
    [Saturday, May 1, 2010]

     The Department of Environmental Protection (Department) is providing notice of the final nonelectric generating unit (non-EGU) 2010 ozone season 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 40 Pa.B. 1594 (March 20, 2010). The public comment period offered the public an opportunity to review the information and data as a way to ensure that the information was correct. One comment was received. No changes to the emission limitations were made.

     The commentator commented on its proposed 2010 limit of 0 tons for a particular unit as being a penalty for taking outages during the 2009 ozone season during the recession and believes the limit prevents the commentator from operating the unit in 2010. This is not the case. The Clean Air Interstate Rule (CAIR) transition rule will not prevent the unit's operation. For non-EGU's it sets a threshold at which the unit will need to surrender CAIR NOx Ozone Season allowances if the ozone season Statewide NOx emissions limitation for non-EGUs in 25 Pa. Code § 145.8(d) is exceeded.

     If the Statewide emissions limitation is exceeded, the owner and operator of any unit that exceeds its individual allowable emissions established under 25 Pa. Code § 145.8(d) for that ozone season may also use any unused portion of an emission limitation allocated to the other units within the facility and from other facilities under common ownership throughout this Commonwealth to cover any excess NOx emissions.

     Furthermore, the commentator suggested the Department allocate a limit for the unit similar to the 2009 limit from the surplus fund given the operator's unique circumstances. The rule does not allow this. As is explained, the 60 tons that will remain of the NOx emissions cap are to be used for accounting adjustments. If the unit did not operate in 2009, no portion of the cap is allocated to the unit for 2010.

     Finally, the commentator reiterated its comment of last year suggesting that the Department reconsider the implementation of the non-EGU budget program by including non-EGUs in the CAIR trading program, and revisit the issue during development of EPA's CAIR replacement rule. This comment is beyond the scope of the non-EGU 2010 ozone season NOx emission limitations. The Department addressed the issue in the preamble of Pennsylvania's 2008 CAIR rulemaking.

     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 using 121 tons of the 181 tons of NOx emissions for account adjustments, leaving 60 tons available for any additional adjustments at the end of the control period.

     As proposed, the Department made accounting adjustments for the following facilities:

    Retired Units: Naval Surface Warfare Division Unit 98; Shenango Unit 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 EPA's CAIR, 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 2010 Ozone Season NOx Limits'' table following lists the following: facility name, ORIS code, unit ID for each non-EGU unit, operating year, heat input for 2008 ozone season, calculated 2010 rate and 2010 ozone season limit. A copy of this table can also be found at the Department's Air Quality web site at www.depweb.state.pa.us (DEP keyword ''Air Quality'').

     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 at (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 to ranbordner@state.pa.us or 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.

    Table 1: Final Non-EGU 2010 Ozone Season NOx Emission Limits

    Facility Name ORIS CODE Unit ID Op Year NOx Rate lb/MMBtu NOx Mass Tons Heat Input MMBtu 2010 Rate 2010 OS Limit
    Armagh Compressor Station 880071 31301 2009 25-Ton Exemption (Limit 25-tons) 0.0 0 0.261 0
    Bernville Station 880049 32001 2009 0.000 0.0 0 0.261 0
    ConocoPhillips Co., Trainer Refinery 880025 32 2009 Retired 0.0 0 0.261 0
    ConocoPhillips Co., Trainer Refinery 880025 33 2009 0.217 75.3 691,401 0.261 90
    ConocoPhillips Co., Trainer Refinery 880025 34 2009 0.005 1.6 534,619 0.261 70
    ConocoPhillips Co., Trainer Refinery 880025 35 2009 0.006 1.9 573,745 0.261 75
    Domtar Paper Company, LLC 54638 40 2009 0.342 166.7 977,790 0.261 128
    Domtar Paper Company, LLC 54638 41 2009 0.344 163.1 949,688 0.261 124
    Entriken Compressor Station 880072 31601 2009 25-Ton Exemption (Limit 25-tons) 0.0 0 0.261 0
    FPL Energy
    Marcus Hook, LP
    55801 AB01 2009 0.022 6.0 538,275 0.261 70
    FPL Energy
    Marcus Hook, LP
    55801 AB02 2009 0.033 10.9 638,296 0.261 83
    FPL Energy
    Marcus Hook, LP
    55801 AB03 2009 0.032 7.3 463,572 0.261 61
    FPL Energy
    Marcus Hook, LP
    55801 AB04 2009 0.033 10.9 656,585 0.261 86
    Kimberly-Clark Tissue Company 50410 34 2009 2.00 0.0 10 0.261 0
    Kimberly-Clark Tissue Company 50410 35 2009 0.060 100.5 3,673,949 0.261 480
    Merck & Company—West Point 52149 39 2009 0.095 17.7 377,183 0.261 49
    Merck & Company—West Point 52149 40 2009 0.025 9.1 742,715 0.261 97
    P H Glatfelter Company 50397 34 2009 0.470 281.6 1,198,104 0.261 157
    P H Glatfelter Company 50397 35 2009 0.522 268.6 1,021,643 0.261 133
    P H Glatfelter Company 50397 36 2009 0.225 202.8 1,809,070 0.261 236
    Philadelphia Refinery 52106 150137 2009 0.119 46.8 784,574 0.261 103
    Philadelphia Refinery 52106 150138 2009 0.147 35.8 491,960 0.261 64
    Philadelphia Refinery 52106 150139 2009 0.119 44.3 741,340 0.261 97
    Philadelphia Refinery 52106 150140 2009 0.141 87.1 1,182,635 0.261 155
    Procter & Gamble Paper Products 50463 328001 2009 0.161 129.4 1,620,502 0.261 212
    Shenango Incorporated 54532 6 2009 Retired 0.0 0 0.261 0
    Shenango Incorporated 54532 9 2009 Retired 0.0 0 0.261 0
    Shermans Dale Station 880050 31801 2009 0.000 0.0 0 0.261 0
    Sunoco Chemicals Frankford Plant 880007 52 2009 0.054 15.0 568,054 0.261 74
    US Steel
    (Clariton Coke)
    50729 CLBLR1 2009 0.136 89.8 1,305,944 0.261 171
    US Steel
    (Clariton Coke)
    50729 CLBLR2 2009 0.000 0.0 0 0.261 0
    US Steel
    (Edgar Thompson)
    50732 ETBLR1 2009 0.027 18.2 1,359,123 0.261 178
    US Steel
    (Edgar Thompson)
    50732 ETBLR2 2009 0.028 19.7 1,426,418 0.261 186
    US Steel
    (Edgar Thompson)
    50732 ETBLR3 2009 0.032 22.7 1,445,930 0.261 189
    Naval Surface Warfare Division 880009 98 2009 Retired 0.0 0 0.261 0
    Naval Surface Warfare Division 880009 99 2009 25-Ton Exemption (Limit 1-ton) 0.0 0 0.261 0
    Naval Surface Warfare Division 880009 100 2009 25-Ton Exemption (Limit 25-tons) 0.0 0 0.261 0
    United Refining 880099 4 2009 0.173 46.7 539,884 0.261 71
    Totals 1,879.7 26,313,010 0.261 3,438

    JOHN HANGER, 
    Secretary

    [Pa.B. Doc. No. 10-783. Filed for public inspection April 30, 2010, 9:00 a.m.]

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