1729 Clean Air Interstate Rule; 2013 allocation of 2012 vintage nitrogen oxides allowances set aside to offset sulfur dioxide emissions; correction

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

[43 Pa.B. 5660]
[Saturday, September 21, 2013]

 In accordance with 25 Pa. Code § 145.212(f)(2) (relating to CAIR No_x 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 a correction that results in an allocation of 2012 vintage Clean Air Interstate Rule (CAIR) nitrogen oxides (NO_x) allowances to Cambria Cogen Company, an owner or operator of a CAIR sulfur dioxide (SO₂) unit, for the purpose of offsetting SO₂ emissions. This unit was 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 is subject to the CAIR SO₂ Trading Program.

 The Commonwealth's CAIR NO_x Annual Trading Program budget contained 99,049 CAIR NO_x allowances for 2012; 97,761 of the CAIR NO_x allowances were allocated at 40 Pa.B. 297 (January 9, 2010). The remaining 1,288 CAIR NO_x allowances, 1.3% of the CAIR NO_x Annual Trading Program budget for 2012, were set aside for CAIR SO₂ units for the purpose of offsetting SO₂ emissions, as described in 25 Pa. Code § 145.212(f)(2) and (4). The Department published the allocation notice of 2012 vintage CAIR NO_x allowances set aside to offset SO₂ emissions at 43 Pa.B. 1659 (March 23, 2013). On May 11, 2013, the Department published notice of an additional allocation based on requests received after the regulatory deadline. The Department is publishing a correction to the notice published at 43 Pa.B. 1659 because Cambria Cogen's on-time request was inadvertently omitted from this notice.

 The Department is allocating these allowances on a ratio of 1 CAIR NO_x allowance to every 8 tons of SO₂ emitted by the unit in 2012, minus any excess CAIR NO_x allowances already allocated to the unit for the 2012 control period that were not used to cover NO_x emissions for the 2012 control period. The result is an allocation of 219 CAIR NO_x allowances.

 The following table lists the facility name, ORIS number and the number of CAIR NO_x allowances allocated.

Facility Name	ORIS #	# of NOx Allowances
Cambria Cogen	10641	219

 Owners and operators of qualifying units should be aware that CAIR NO_x allowances do not constitute property rights, and that actions at the Federal or State level, including court proceedings in EPA v. EME Homer City Generation LP, U.S., No. 12-1182, 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, [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, Chief, Stationary Source Section, Bureau of Air Quality at [phone] or [e-mail]. TDD users may contact the Pennsylvania AT&T Relay Service at [phone] to discuss how the Department can best accommodate their needs.

E. CHRISTOPHER ABRUZZO, 
Acting Secretary

[Pa.B. Doc. No. 13-1729. Filed for public inspection September 20, 2013, 9:00 a.m.]