DEP Proposes Nox Regulations For Other States

On January22, 2000, DEP published an Advance Notice of Final Rulemaking establishing a program to limit the emissions of nitrogen oxides (NOx) from fossil fuel fired combustion units with rated heat input capacity greater than 250,000,000 BTUs per hour and electric generating facilities greater than 25 megawatts. The program is designed to replace the existing NOx allowance program. The Department deferred for the time being emissions limitations for NOx emissions from stationary reciprocating internal combustion engines and cement manufacturing operations. But the most startling aspect of the regulations is the assertion by DEP that they are part of the Interstate Ozone Transport Reduction Program applicable to eleven other states and the District of Columbia in addition to Pennsylvania. Since the United States Court of Appeals for the District of Columbia Circuit overturned the eight hour national ambient air quality standard for ozone, the regulations are designed to show attainment with the one hour standard for ozone. The Commonwealth asserts that it cannot achieve this standard without making the NOx budget trading program applicable to facilities located in states that significantly contribute to ozone nonattainment in Pennsylvania. The proposed regulations are designed to be consistent with the emission limitations established by EPA in response to petitions submitted by Pennsylvania and three other states under Section126 of the Clean Air Act. Those petitions were granted by EPA on December17, 1999. Written comments on the proposed regulations must be received by February22, 2000. The Department has prepared the document that addresses the legal and policy issues in connection with these regulations entitled "Interstate Pollution Transport Reductions Assuring All States Do Their Fair Share." The document is available through the Department.