80 FR 30988 - Availability of Data on Allocations of Cross-State Air Pollution Rule Allowances From New Unit Set-Asides for the 2015 Compliance Year
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 104 (June 1, 2015)
Federal Register Volume 80, Issue 104 (June 1, 2015)
| Page Range | 30988-30990 | |
| FR Document | 2015-13031 |
[Federal Register Volume 80, Number 104 (Monday, June 1, 2015)] [Proposed Rules] [Pages 30988-30990] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-13031] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 97 [FRL-9928-49-OAR] Availability of Data on Allocations of Cross-State Air Pollution Rule Allowances From New Unit Set-Asides for the 2015 Compliance Year AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of data availability (NODA). ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is providing notice of the availability of preliminary calculations of emission allowance allocations to certain units under the Cross-State Air Pollution Rule (CSAPR). Under the CSAPR federal implementation plans (FIPs), portions of each covered state's annual emissions budgets for each of the four CSAPR emissions trading programs are reserved for allocation to electricity generating units that commenced commercial operation on or after January 1, 2010 (new units) and certain other units not otherwise obtaining allowance allocations under the FIPs. The quantities of allowances allocated to eligible units from each new unit set-aside (NUSA) under the FIPs are calculated in an annual one- or two-round allocation process. EPA has completed preliminary calculations for the first round of NUSA allowance allocations for the 2015 compliance year and has posted spreadsheets containing the calculations on EPA's Web site. EPA will consider timely objections to the preliminary calculations (including objections concerning the identification of units eligible for allocations) and will promulgate a notice responding to any such objections no later than August 1, 2015, the deadline for recording the first-round allocations in sources' Allowance Management System accounts. This notice may concern CSAPR-affected units in the following states: Alabama, Arkansas, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Jersey, New [[Page 30989]] York, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, West Virginia, and Wisconsin. DATES: Objections to the information referenced in this notice must be received on or before July 1, 2015. ADDRESSES: Submit your objections via email to CSAPR_NUSA@epa.gov. Include ``2015 NUSA allocations'' in the email subject line and include your name, title, affiliation, address, phone number, and email address in the body of the email. FOR FURTHER INFORMATION CONTACT: Questions concerning this action should be addressed to Robert Miller at (202) 343-9077 or miller.robertl@epa.gov or Kenon Smith at (202) 343-9164 or smith.kenon@epa.gov. SUPPLEMENTARY INFORMATION: Under the CSAPR FIPs, the mechanisms by which initial allocations of emission allowances are determined differ for ``existing'' and ``new'' units. For ``existing'' units--that is, units commencing commercial operation before January 1, 2010--the specific amounts of CSAPR FIP allowance allocations for all compliance years have been established through rulemaking. EPA has announced the availability of spreadsheets showing the CSAPR FIP allowance allocations to existing units in previous notices.\1\ --------------------------------------------------------------------------- \1\ The latest spreadsheet of CSAPR FIP allowance allocations to existing units, updated in 2014 to reflect changes to CSAPR's implementation schedule but with allocation amounts unchanged since June 2012, is available at http://www.epa.gov/crossstaterule/actions.html. See Availability of Data on Allocations of Cross-State Air Pollution Rule Allowances to Existing Electricity Generating Units, 79 FR 71674 (December 3, 2014). --------------------------------------------------------------------------- ``New'' units--that is, units commencing commercial operation on or after January 1, 2010--as well as certain older units that would not otherwise obtain FIP allowance allocations do not have pre-established allowance allocations. Instead, the CSAPR FIPs reserve a portion of each state's total annual emissions budget for each CSAPR emissions trading program as a new unit set-aside (NUSA) \2\ and establish an annual process for allocating NUSA allowances to eligible units. States with Indian country within their borders have separate Indian country NUSAs. The annual process for allocating allowances from the NUSAs and Indian country NUSAs to eligible units is set forth in the CSAPR regulations at 40 CFR 97.411(b) and 97.412 (NOX Annual Trading Program), 97.511(b) and 97.512 (NOX Ozone Season Trading Program), 97.611(b) and 97.612 (SO2 Group 1 Trading Program), and 97.711(b) and 97.712 (SO2 Group 2 Trading Program). Each NUSA allowance allocation process involves up to two rounds of allocations to new units followed by the allocation to existing units of any allowances not allocated to new units. EPA provides public notice at certain points in the process. This notice concerns preliminary calculations for the first round of NUSA allowance allocations for the 2015 compliance year.\3\ --------------------------------------------------------------------------- \2\ The NUSA amounts range from two percent to eight percent of the respective state budgets. The variation in percentages reflects differences among states in the quantities of emission allowances projected to be required by known new units at the time the budgets were set or amended. \3\ At this time, EPA is not aware of any unit eligible for a first-round allocation from any Indian country NUSA. --------------------------------------------------------------------------- The units eligible to receive first-round NUSA allocations are defined in Sec. Sec. 97.412(a)(1), 97.512(a)(1), 97.612(a)(1), and 97.712(a)(1). Generally, eligible units include any CSAPR-affected unit that has not been allocated allowances as an existing unit as well as certain units that have been allocated allowances as existing units but whose allocations have been deducted or not recorded because of corrections or multi-year breaks in operations. EPA notes that a valid allowance allocation may consist of zero allowances; thus, an existing unit specifically allocated zero allowances in the spreadsheet of CSAPR FIP allowance allocations to existing units is generally ineligible to receive a NUSA allowance allocation. The quantity of allowances to be allocated through the 2015 NUSA allowance allocation process for each state and emissions trading program is generally the state's 2015 emissions budget less the sum of (1) the total of the 2015 CSAPR FIP allowance allocations to existing units and (2) the amount of the 2015 Indian country NUSA, if any.\4\ The amounts of NUSA allowances may be increased in certain circumstances as set forth in Sec. Sec. 97.412(a)(2), 97.512(a)(2), 97.612(a)(2), and 97.712(a)(2). --------------------------------------------------------------------------- \4\ The quantities of allowances to be allocated through the NUSA allowance allocation process may differ slightly from the NUSA amounts set forth in Sec. Sec. 97.410(a), 97.510(a), 97.610(a), and 97.710(a) because of rounding in the spreadsheet of CSAPR FIP allowance allocations to existing units. --------------------------------------------------------------------------- The amounts of first-round allocations to eligible units from each NUSA are calculated according to the procedures set forth in Sec. Sec. 97.412(a)(3)-(7) and (12), 97.512(a)(3)-(7) and (12), 97.612(a)(3)-(7) and (12), and 97.712(a)(3)-(7) and (12). Generally, the procedures call for each eligible unit to receive a first-round 2015 NUSA allocation equal to its 2014 emissions as reported under 40 CFR part 75 unless the total of such allocations to all eligible units would exceed the amount of allowances in the NUSA, in which case the allocations are reduced on a pro-rata basis.\5\ --------------------------------------------------------------------------- \5\ Subsequent allocations of any allowances remaining in any 2015 NUSA after first-round allocations will be addressed in future notices. Any such allocations will be made according to the procedures set forth in Sec. Sec. 97.412(a)(9)-(10) and (12), 97.512(a)(9)-(10) and (12), 97.612(a)(9)-(10) and (12), and 97.712(a)(9)-(10) and (12). Generally, new units that commenced commercial operations in 2014 or 2015 will receive second-round 2015 NUSA allocations sufficient to bring the totals of their first- and second-round allocations up to their 2015 emissions as reported under 40 CFR part 75 unless the total of such second-round allocations for all eligible units would exceed the remaining amount of allowances in the NUSA, in which case the second-round allocations will be reduced on a pro-rata basis. Any allowances remaining in any NUSA after second-round allocations to new units-- along with any allowances remaining in any corresponding Indian country NUSA--will be allocated to the state's existing units in proportion to their respective 2015 CSAPR FIP allocations of non- NUSA allowances. --------------------------------------------------------------------------- EPA notes that an allocation or lack of allocation of allowances to a given EGU does not constitute a determination that CSAPR does or does not apply to the EGU. EPA also notes that allocations are subject to potential correction. The detailed unit-by-unit data and preliminary allowance allocation calculations are set forth in Excel spreadsheets titled ``CSAPR_NUSA_2015_NOX _Annual_1st_Round_Prelim_Data'', ``CSAPR_NUSA_2015_NOX _OS_1st_Round_Prelim_Data'', and ``CSAPR_NUSA_2015_SO2 _1st_Round_Prelim_Data,'' available on EPA's Web site at http://www.epa.gov/crossstaterule/actions.html. The three spreadsheets show EPA's initial determinations of 2015 NUSA allocations for new units subject to the CSAPR NOX Annual, NOX Ozone Season, and SO2 (Group 1 and Group 2) trading programs, respectively. Each of the spreadsheets contains a separate worksheet for each state covered by that program showing, for each unit identified as eligible for a first-round NUSA allocation, (1) the unit's emissions in the 2014 control period (annual or ozone season as applicable), (2) the maximum first-round 2015 NUSA allowance allocation for which the unit is eligible (typically the unit's emissions in the 2014 control period), (3) various adjustments to the unit's maximum allocation, many of which are necessary only if the NUSA pool is oversubscribed, and (4) the preliminary calculation of the unit's first-round 2015 NUSA allowance allocation. Each state worksheet also contains a summary showing (1) the quantity of allowances initially available in that state's 2015 NUSA, (2) the sum of the [[Page 30990]] first-round 2015 NUSA allowance allocations that will be made to new units in that state, assuming there are no corrections to the data, and (3) the quantity of allowances that would remain in the 2015 NUSA for use in second-round allocations to new units (or ultimately for allocation to existing units), again assuming there are no corrections to the data. Objections should be strictly limited to the data and calculations upon which the NUSA allowance allocations are based and should be emailed to the address identified in ADDRESSES. Objections must include: (1) Precise identification of the specific data and/or calculations the commenter believes are inaccurate, (2) new proposed data and/or calculations upon which the commenter believes EPA should rely instead to determine allowance allocations, and (3) the reasons why EPA should rely on the commenter's proposed data and/or calculations and not the data referenced in this notice. Authority: 40 CFR 97.411(b), 97.511(b), 97.611(b), and 97.711(b). Dated: May 22, 2015. Reid P. Harvey, Director, Clean Air Markets Division. [FR Doc. 2015-13031 Filed 5-29-15; 8:45 am] BILLING CODE 6560-50-P
![30988 Federal Register / Vol. 80, No. 104 / Monday, June 1, 2015 / Proposed Rules
IV. What action is EPA taking? does not meet federal requirements; this requirements, Sulfur oxides, Volatile
EPA is proposing to approve proposed action does not impose organic compounds.
grammatical changes made to ARM additional requirements beyond those Authority: 42 U.S.C. 7401 et seq.
17.8.102(1), and all revisions of imposed by state law. For that reason,
this proposed action: Dated: May 13, 2015.
17.8.802(1)(c) and 17.8.822(9) from the Shaun L. McGrath,
March 17, 2010 submittal. We propose • Is not a ‘‘significant regulatory
action’’ subject to review by the Office Regional Administrator, Region 8.
to approve November 22, 2011 revisions
to ARM 17.8.604(1)(a),17.8.610(2), of Management and Budget under [FR Doc. 2015–13129 Filed 5–29–15; 8:45 am]
17.8.612(10) and (11), 17.8.613(8) and Executive Order 12866 (58 FR 51735, BILLING CODE 6560–50–P
(9), 17.8.614(8) and (9), 17.8.615(6) and October 4, 1993);
(7), and 17.8.763(3). We propose to • Does not impose an information
collection burden under the provisions ENVIRONMENTAL PROTECTION
approve the September 19, 2014
of the Paperwork Reduction Act (44 AGENCY
submittal’s citations and references to
federal law and State rules superseding U.S.C. 3501 et seq.);
40 CFR Part 97
and replacing all previous versions of • Is certified as not having a
ARM 17.8.102(1)(a), 17.8.102(1)(b), and significant economic impact on a [FRL–9928–49–OAR]
17.8.102(1)(c). Previous submittals were substantial number of small entities
under the Regulatory Flexibility Act (5 Availability of Data on Allocations of
received on March 17, 2010 and August
U.S.C. 601 et seq.); Cross-State Air Pollution Rule
1, 2011. We also propose to approve
language added to ARM 17.8.102(3) and • Does not contain any unfunded Allowances From New Unit Set-Asides
mandate or significantly or uniquely for the 2015 Compliance Year
17.8.102(4)(a) through (d) from the
September 19, 2014 submittal. Our affect small governments, as described AGENCY: Environmental Protection
action also provides notice that in the Unfunded Mandates Reform Act Agency (EPA).
language in ARM 17.8.102 was in effect of 1995 (Pub. L. 104–4); ACTION: Notice of data availability
between January 16, 2010 and • Does not have federalism (NODA).
publication of this notice. Finally, EPA implications as specified in Executive
proposes to correct erroneous Order 13132 (64 FR 43255, August 10, SUMMARY: The Environmental Protection
amendatory instructions published in 1999); Agency (EPA) is providing notice of the
the Federal Register on January 29, • Is not an economically significant availability of preliminary calculations
2010 (75 FR 4698). regulatory action based on health or of emission allowance allocations to
safety risks subject to Executive Order certain units under the Cross-State Air
V. Statutory and Executive Orders 13045 (62 FR 19885, April 23, 1997); Pollution Rule (CSAPR). Under the
Review • Is not a significant regulatory action CSAPR federal implementation plans
In this rule, the EPA is proposing to subject to Executive Order 13211 (66 FR (FIPs), portions of each covered state’s
include in a final EPA rule regulatory 28355, May 22, 2001); annual emissions budgets for each of the
text that includes incorporation by • Is not subject to requirements of four CSAPR emissions trading programs
reference. In accordance with Section 12(d) of the National are reserved for allocation to electricity
requirements of 1 CFR 51.5, the EPA is Technology Transfer and Advancement generating units that commenced
proposing to incorporate by reference Act of 1995 (15 U.S.C. 272 note) because commercial operation on or after
the Administrative Rules of Montana application of those requirements would January 1, 2010 (new units) and certain
regarding citations and references to be inconsistent with the CAA; and, other units not otherwise obtaining
federal and State laws and regulations; • Does not provide EPA with the allowance allocations under the FIPs.
open burning rules; air quality permits discretionary authority to address, as The quantities of allowances allocated
appeal process; and revocation of air appropriate, disproportionate human to eligible units from each new unit set-
quality permits discussed in section III, health or environmental effects, using aside (NUSA) under the FIPs are
EPA’s Review of the State of Montana’s practicable and legally permissible calculated in an annual one- or two-
March 17, 2010; August 1, 2011; methods, under Executive Order 12898 round allocation process. EPA has
November 22, 2011; and September 19, (59 FR 7629, February 16, 1994). completed preliminary calculations for
2014 Submittals, and CFR Correction, of The SIP is not approved to apply on the first round of NUSA allowance
this preamble. The EPA has made, and any Indian reservation land or in any allocations for the 2015 compliance year
will continue to make, these documents other area where EPA or an Indian tribe and has posted spreadsheets containing
generally available electronically has demonstrated that a tribe has the calculations on EPA’s Web site. EPA
through www.regulations.gov and/or in jurisdiction. In those areas of Indian will consider timely objections to the
hard copy at the appropriate EPA office country, the rule does not have tribal preliminary calculations (including
(see the ADDRESSES section of this implications and will not impose objections concerning the identification
preamble for more information). substantial direct costs on tribal of units eligible for allocations) and will
Under the CAA, the Administrator is governments or preempt tribal law as promulgate a notice responding to any
required to approve a SIP submission specified by Executive Order 13175 (65 such objections no later than August 1,
that complies with the provisions of the FR 67249, November 9, 2000). 2015, the deadline for recording the
Act and applicable federal regulations first-round allocations in sources’
rljohnson on DSK3VPTVN1PROD with PROPOSALS
(42 U.S.C. 7410(k), 40 CFR 52.02(a)). List of Subjects in 40 CFR Part 52 Allowance Management System
Thus, in reviewing SIP submissions, Environmental protection, Air accounts. This notice may concern
EPA’s role is to approve state choices, pollution control, Carbon monoxide, CSAPR-affected units in the following
provided that they meet the criteria of Incorporation by reference, states: Alabama, Arkansas, Florida,
the CAA. Accordingly, this proposed Intergovernmental relations, Georgia, Illinois, Indiana, Iowa, Kansas,
action merely approves some state law Greenhouse gases, Lead, Nitrogen Kentucky, Louisiana, Maryland,
as meeting federal requirements and dioxide, Ozone, Particulate matter, Michigan, Minnesota, Mississippi,
disapproves other state law because it Reporting and recordkeeping Missouri, Nebraska, New Jersey, New
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![30990 Federal Register / Vol. 80, No. 104 / Monday, June 1, 2015 / Proposed Rules
first-round 2015 NUSA allowance review in response to this petition. requesting that we remove the
allocations that will be made to new However, we ask the public to submit to endangered Bone Cave harvestman from
units in that state, assuming there are no us any new information that becomes the Federal lists of endangered and
corrections to the data, and (3) the available concerning the status of, or threatened species. The petition clearly
quantity of allowances that would threats to, the Bone Cave harvestman or identified itself as a petition and
remain in the 2015 NUSA for use in its habitat at any time. included the requisite identification
second-round allocations to new units DATES: The finding announced in this information for the petitioners, as
(or ultimately for allocation to existing document was made on June 1, 2015. required in 50 CFR 424.14(a). This
units), again assuming there are no ADDRESSES: Copies of the petition are finding addresses the petition.
corrections to the data. available in the docket associated with
Objections should be strictly limited this notice at http:// Previous Federal Actions
to the data and calculations upon which www.regulations.gov and at http://
the NUSA allowance allocations are The Bone Cave harvestman was
fws.gov/southwest/es/austintexas/ or originally listed as endangered on
based and should be emailed to the upon request from the Field Supervisor
address identified in ADDRESSES. September 16, 1988 (53 FR 36029). In an
of the Austin Ecological Services Field
Objections must include: (1) Precise August 18, 1993, Federal Register
Office, 10711 Burnet Road, Suite 200,
identification of the specific data and/or document (58 FR 43818), the Service
Austin, TX 78758.
calculations the commenter believes are gave the Bone Cave harvestman
FOR FURTHER INFORMATION CONTACT:
inaccurate, (2) new proposed data and/ protection under the Act as a separate
Adam Zerrenner, Field Supervisor,
or calculations upon which the species. It had previously been listed as
Austin Ecological Services Field Office,
commenter believes EPA should rely endangered as a part of the Bee Creek
10711 Burnet Road, Suite 200, Austin,
instead to determine allowance Cave harvestman (Texella reddelli),
TX 78758; by telephone at 512–490–
allocations, and (3) the reasons why which was subsequently re-classified
0057; or by facsimile at 512–490–0974.
EPA should rely on the commenter’s into two species, and this final rule set
If you use a telecommunications device
proposed data and/or calculations and forth technical corrections to ensure that
for the deaf (TDD), please call the
not the data referenced in this notice. the species continued to receive
Federal Information Relay Service
Authority: 40 CFR 97.411(b), 97.511(b), (FIRS) at 800–877–8339. protection under the Act. On March 14,
97.611(b), and 97.711(b). 1994, we published a 90-day finding (59
SUPPLEMENTARY INFORMATION:
Dated: May 22, 2015. FR 11755) on a petition to delist the
Background Bone Cave harvestman in which we
Reid P. Harvey,
Director, Clean Air Markets Division. Section 4(b)(3)(A) of the Act requires found that the petition did not present
[FR Doc. 2015–13031 Filed 5–29–15; 8:45 am] that we make a finding on whether a substantial scientific or commercial
BILLING CODE 6560–50–P
petition to list, delist, or reclassify a information indicating that the
species presents substantial scientific or petitioned action may have been
commercial information indicating that warranted. A draft recovery plan was
the petitioned action may be warranted. available for public review and
DEPARTMENT OF THE INTERIOR
We are to base this finding on comment on June 7, 1993, and a final
Fish and Wildlife Service information provided in the petition, recovery plan was published on August
supporting information submitted with 25, 1994 (Service 1994). On December 4,
50 CFR Part 17 the petition, and information otherwise 2009, we completed a 5-year review of
available in our files. To the maximum the Bone Cave harvestman, which
[Docket No. FWS–R2–ES–2015–0030; extent practicable, we are to make this
FF09E42000 156 FXES11130900000] recommended that the species remain
finding within 90 days of our receipt of listed as endangered (Service 2009).
the petition and publish our notice of
Endangered and Threatened Wildlife
the finding promptly in the Federal Species Information
and Plants; 90-Day Finding on a
Register.
Petition To Remove the Bone Cave For information on the biology and
Our standard for substantial scientific
Harvestman (Texella reyesi) From the life history of the Bone Cave
or commercial information within the
List of Endangered and Threatened harvestman, see the final rule listing
Code of Federal Regulations (CFR) with
Wildlife this species (53 FR 36029), the
regard to a 90-day petition finding is
AGENCY: Fish and Wildlife Service, ‘‘that amount of information that would Endangered Karst Invertebrates
Interior. lead a reasonable person to believe that Recovery Plan for Travis and
ACTION: Notice of 90-day petition the measure proposed in the petition Williamson Counties (Service 1994),
finding. may be warranted’’ (50 CFR and the 5-year Status Review for the
424.14(b)(1)). If we find that substantial Bone Cave Harvestman (Service 2009),
SUMMARY: We, the U.S. Fish and scientific or commercial information all posted at http://ecos.fws.gov/
Wildlife Service (Service), announce a was presented, we are required to speciesProfile/profile/
90-day finding on a petition to remove promptly conduct a species status speciesProfile.action?spcode=J009. For
the Bone Cave harvestman (Texella review, which we subsequently information on preserve design and
reyesi) from the List of Endangered and summarize in a 12-month finding.
rljohnson on DSK3VPTVN1PROD with PROPOSALS
management for karst invertebrate
Threatened Wildlife under the
Petition History species conservation, see the Karst
Endangered Species Act of 1973, as
Preserve Design Recommendations
amended (Act). Based on our review, we On June 2, 2014, we received a
find that the petition does not present petition from John Yearwood, Kathryn (Service 2012) and the Karst Preserve
substantial scientific or commercial Heidemann, Charles and Cheryl Shell, Management and Monitoring
information indicating that the the Walter Sidney Shell Management Recommendations (Service 2014) posted
petitioned action may be warranted. Trust, the American Stewards of at http://www.fws.gov/southwest/es/
Therefore, we are not initiating a status Liberty, and Steven W. Carothers AustinTexas/ESA_Sp_KarstInverts.html.
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Document Created: 2015-12-15 15:18:37
Document Modified: 2015-12-15 15:18:37
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of data availability (NODA). | |
| Dates | Objections to the information referenced in this notice must be received on or before July 1, 2015. | |
| Contact | Questions concerning this action | |
| FR Citation | 80 FR 30988 |
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