[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 (SO<INF>2</INF>) emission reduction credits to 
offset increased emissions of fine particulate matter 
(PM<INF>2.5</INF>) in the York County PM<INF>2.5</INF> 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: 
<a href="/cdn-cgi/l/email-protection#b8dccdd3dd96dfddcad9d4d4c1d6f8ddc8d996dfd7ce"><span class="__cf_email__" data-cfemail="4a2e3f212f642d2f382b262633240a2f3a2b642d253c">[email protected]</span></a>.

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 PM<INF>2.5</INF>'' (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 PM<INF>2.5</INF> as well as its precursors. The rule also 
allows limited interpollutant (precursor) trading for the purpose of 
PM<INF>2.5</INF> 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 PM<INF>2.5</INF> offsets. The preferred 
ratios were published in the preamble to the May 16, 2008 rule and set 
a 40:1 ratio of SO<INF>2</INF> reductions to offset PM<INF>2.5</INF> 
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 PM<INF>2.5</INF> in 
nonattainment areas, must implement a transitional NSR permitting 
program for PM<INF>2.5</INF> pursuant to appendix S to 40 CFR part 51. 
Appendix S at Section IV.G.5 allows the offset requirements for direct 
PM<INF>2.5</INF> emissions to be satisfied by reductions of 
SO<INF>2</INF>, a PM<INF>2.5</INF> 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 PM<INF>2.5</INF> nonattainment areas. The Commonwealth 
specifically requested approval to use EPA's preferred trading ratio of 
40 tons of SO<INF>2</INF> reductions to offset every ton of 
PM<INF>2.5</INF> emission increases. The new facility is to be located 
in the York County nonattainment area for PM<INF>2.5</INF>.
    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 SO<INF>2</INF> emission reduction credits to offset 
increased emissions of PM<INF>2.5</INF>, at a ratio of 40 tons 
SO<INF>2</INF> to one ton of PM<INF>2.5</INF> emissions, in the York 
County PM<INF>2.5</INF> 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 PM<INF>2.5</INF> 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]
BILLING CODE 6560-50-P


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