Alternative Compliance Option
Transport Rule Allowance Retirement Option for
Excess Nitrous Oxides (NOx) Emissions under
25 Pa. Code §§ 129.201—129.205, Nonelectric
Generating Units Subject to 25 Pa. Code
§ 145.8(d), Stationary Internal Combustion
Units Subject to 25 Pa. Code §§ 145.111—
145.113 and Portland Cement Kilns Subject to
25 Pa. Code §§ 145.141—145.146.
[45 Pa.B. 1687]
[Saturday, April 4, 2015]
This notice applies to the owners and operators of units subject to the requirements of 25 Pa. Code §§ 129.201—129.205 (relating to additional NOx requirements), nonelectric generating units subject to 25 Pa. Code § 145.8(d) (relating to transition to CAIR NOx trading programs), stationary internal combustion units subject to 25 Pa. Code §§ 145.111—145.113 (relating to emissions of NOx from stationary internal combustion engines) and Portland cement kilns subject to 25 Pa. Code §§ 145.141—145.146 (relating to emissions of NOx from cement manufacturing). These sections of 25 Pa. Code Chapters 129 and 145 (relating to standards for sources; and interstate pollution transport reduction) are incorporated into the Commonwealth's Federally-enforceable State Implementation Plan (SIP) codified in 40 CFR 52.2020 (relating to identification of plan). Prior to the 2015 ozone season, affected owners and operators were able to surrender at the end of each ozone season, for compliance purposes, an annual Clean Air Interstate Rule (CAIR) NOx allowance and an ozone season CAIR NOx allowance for each ton of NOx emitted in excess of an applicable NOx emission standard specified in these sections.
Starting January 1, 2015, the Cross-State Air Pollution Rule, or Transport Rule (TR), codified in 40 CFR Part 97, Subparts AAAAA and BBBBB (relating to TR NOx annual trading program; and TR NOx ozone season trading program) replaced the CAIR requirements codified in 40 CFR 96, Subparts AA and AAAA (relating to CAIR NOx annual trading program general provisions; and CAIR NOx ozone season trading program general provisions). See 79 FR 71663 (December 3, 2014). In light of the fact that CAIR NOx allowances will no longer be available, the Department of Environmental Protection (Department) intends to accept the surrender of TR NOx allowances as a compliance alternative. Subsequently, the Department will pursue regulatory amendments to the existing NOx trading programs in 25 Pa. Code Chapters 129 and 145.
Specifically, for each ozone season beginning after January 1, 2015, the Department intends to accept the surrender of annual and ozone season TR NOx allowances as a compliance alternative to the surrender of annual and ozone season CAIR NOx allowances if the TR allowances are surrendered for compliance purposes in a manner consistent with the surrender provisions for CAIR allowances set forth in the applicable sections specified in this notice. The Department consulted with staff in the United States Environmental Protection Agency (EPA) Region III Office in developing an alternative allowance surrender approach for compliance with the applicable SIP-approved requirements. To this end, the EPA has confirmed, in writing, that TR NOx allowances may be surrendered as set forth in the applicable regulations in 25 Pa. Code Chapters 129 and 145.
TR NOx allowances and TR NOx Ozone Season allowances do not constitute property rights, and action at the Federal or State level, including Federal court proceedings in a legal challenge to the TR, could affect the allowances and their use.
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. For individuals who wish to challenge an action, appeals must reach the Environmental Hearing Board (Board) within 30 days of the date of publication of this notice in the Pennsylvania Bulletin, unless the applicable statute provides a different time period. This paragraph does not, in and of itself, create any right of appeal beyond that permitted by applicable statutes and decision law.
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.
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. Persons with a disability who require an auxiliary aid or service, including TDD users or other accommodation, to seek additional information may contact the Board through the Pennsylvania AT&T Relay Service at (800) 654-5984.
Questions concerning this notice should be directed to Randy Bordner, Chief, Stationary Sources Section, Division of Air Resource Management, Bureau of Air Quality, Rachel Carson State Office Building, P. O. Box 8468, Harrisburg, PA 17105-8468, (717) 772-3921. Persons with a disability who require an auxiliary aid or service, including TDD users or other accommodation, to seek additional information may contact the Department through the Pennsylvania AT&T Relay Service at (800) 654-5984.
[Pa.B. Doc. No. 15-608. Filed for public inspection April 3, 2015, 9:00 a.m.]
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