[Federal Register Volume 74, Number 97 (Thursday, May 21, 2009)]
[Notices]
[Pages 23856-23857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11911]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-8908-8]
Approval of Proposed Interpollutant Trading Request;
Pennsylvania; Control of Fine Particulate Matter: Notice of
Availability
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of Availability.
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SUMMARY: This action announces the availability of EPA's approval of a
request submitted by the Commonwealth of Pennsylvania to approve the
use of sulfur dioxide (SO2) emission reduction credits to
offset increased emissions of fine particulate matter
(PM2.5) in the York County PM2.5 nonattainment
area. EPA is approving this request in accordance with the Clean Air
Act (CAA).
FOR FURTHER INFORMATION CONTACT: Gerallyn Duke, Air Permits Branch
(3AP11), Air Protection Division, U.S. Environmental Protection Agency,
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103;
telephone number: (215) 814-2084; e-mail address:
[email protected].
SUPPLEMENTARY INFORMATION:
I. How Can I Get Copies of This Document and Other Related Information?
All documents for this action are available either electronically
through http://www.epa.gov/reg3artd/index.htm or in hard copy for
public inspection during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103.
II. Background
Under section 173 of the CAA, all major sources and major
modifications at existing major sources within a nonattainment area
must obtain emissions reductions to offset any emissions increases
resulting from the project in an amount that is at least equal to the
emissions increase, and that is consistent with reasonable further
progress toward attainment. A final rule published on May 16, 2008, in
the Federal Register entitled ``Implementation of the New Source Review
(NSR) Program for PM2.5'' (72 FR 28349) established, among
other things, the offset ratios, i.e., the amount of emissions
reductions required to offset the emissions increase, for direct
emissions of PM2.5 as well as its precursors. The rule also
allows limited interpollutant (precursor) trading for the purpose of
PM2.5 offsets based on pollutant-specific trading ratios if
such offsets are established as part of the State Implementation Plan
(SIP) or if they comply with an interprecursor trading hierarchy and
ratio approved by the Administrator. EPA previously conducted a
technical assessment to develop preferred interpollutant trading ratios
to be used for the purposes of PM2.5 offsets. The preferred
ratios were published in the preamble to the May 16, 2008 rule and set
a 40:1 ratio of SO2 reductions to offset PM2.5
emission increases. The modeling used to derive the preferred ratio is
described in a technical memo to the docket for the May 16, 2008 final
rule and is included in the docket for this action.
States, such as Pennsylvania, that will need to update their State
Implementation Plans (SIPs) to implement NSR for PM2.5 in
nonattainment areas, must implement a transitional NSR permitting
program for PM2.5 pursuant to appendix S to 40 CFR part 51.
Appendix S at Section IV.G.5 allows the offset requirements for direct
PM2.5 emissions to be satisfied by reductions of
SO2, a PM2.5 precursor, if such offsets are
approved by the Administrator.
On January 20, 2009, the Pennsylvania Department of Environmental
Protection (PADEP) submitted a request to EPA to allow interpollutant
trading for offsets required for the construction and operation of the
Conectiv Mid-Merit LLC's proposed natural gas-fired plant in Peach
Bottom Township, Pennsylvania. This request was submitted pursuant to
Pennsylvania's transitional NSR program under Appendix S for NSR
permitting in PM2.5 nonattainment areas. The Commonwealth
specifically requested approval to use EPA's preferred trading ratio of
40 tons of SO2 reductions to offset every ton of
PM2.5 emission increases. The new facility is to be located
in the York County nonattainment area for PM2.5.
On February 23, 2009, EPA published in The York Dispatch and York
Daily Record a notice of intent to approve PADEP's Proposed
Interpollutant
[[Page 23857]]
Trading Request for York County, Pennsylvania. The notices of intent to
approve announced EPA's pending approval of the PADEP's request to
allow the use of SO2 emission reduction credits to offset
increased emissions of PM2.5, at a ratio of 40 tons
SO2 to one ton of PM2.5 emissions, in the York
County PM2.5 nonattainment area. In these notices, EPA
announced that comments would be received for 30 days. No comments were
received in response to the notice. EPA approved PADEP's request to
allow precursor trading for the purpose of PM2.5 offsets on
April 14, 2009.
III. Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by July 20, 2009. Filing a
petition for reconsideration by the Administrator of this approval does
not affect the finality of this action for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
Dated: May 8, 2009.
James W. Newsom,
Acting Regional Administrator, Region III.
[FR Doc. E9-11911 Filed 5-20-09; 8:45 am]
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