80 FR 44882 - 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 144 (July 28, 2015)
Federal Register Volume 80, Issue 144 (July 28, 2015)
| Page Range | 44882-44883 | |
| FR Document | 2015-18516 |
[Federal Register Volume 80, Number 144 (Tuesday, July 28, 2015)] [Rules and Regulations] [Pages 44882-44883] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-18516] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 97 [FRL-9931-40-OAR] Allocations of Cross-State Air Pollution Rule Allowances From New Unit Set-Asides for the 2015 Compliance Year AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule; notice of data availability (NODA). ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is providing notice of emission allowance allocations to certain units under the new unit set-aside (NUSA) provisions of the Cross-State Air Pollution Rule (CSAPR) federal implementation plans (FIPs) and is responding to objections to preliminary calculations. EPA has completed final 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. The final allocations are unchanged from the preliminary calculations. EPA will record the allocated allowances in sources' Allowance Management System (AMS) accounts by August 1, 2015. DATES: July 28, 2015. FOR FURTHER INFORMATION CONTACT: Questions concerning this action should be addressed to Robert Miller at (202) 343-9077 or miller.robertl@epa.gov or to Kenon Smith at (202) 343-9164 or smith.kenon@epa.gov. SUPPLEMENTARY INFORMATION: Under the CSAPR FIPs, a portion of each state budget for each of the four CSAPR emissions trading programs is reserved as a NUSA from which allowances are allocated to eligible units through an annual one- or two-round process. In a NODA published in the Federal Register on June 1, 2015 (80 FR 30988), EPA described the allocation process and provided notice of preliminary calculations for the first-round 2015 NUSA allowance allocations. EPA also described the process for submitting any objections to the preliminary calculations. In response to the June 1 NODA, EPA received three timely written objections, two late written objections, and several telephone inquiries. The objections and inquiries all concerned the question of whether EPA is correct to exclude emissions that occurred before a unit's monitor certification deadline from the emissions data used to calculate the NUSA allowance allocations. As explained below, under the regulations such emissions are properly excluded because they are not emissions during a ``control period.'' Under the CSAPR FIPs, an eligible unit's first-round NUSA allowance allocation for a given compliance year is generally based on the unit's emissions ``during the immediately preceding control period'' (that is, the control period in the year before the compliance year).\1\ An eligible unit's second-round NUSA allowance allocation for a given [[Page 44883]] compliance year is generally based on the positive difference, if any, between the unit's emissions ``during such control period'' (that is, the control period in the compliance year) and the unit's first-round NUSA allocation for the compliance year.\2\ A ``control period'' is defined as either a calendar year or a May-September period--for the SO2 and NOX annual programs and for the NOX ozone season program, respectively--subject in both cases to an exclusion, for any given unit, of periods before the unit's monitor certification deadline, thereby ensuring that the unit's ``control periods'' generally represent the periods for which the unit must hold CSAPR allowances equal to its emissions.\3\ The emissions data used in calculating NUSA allowance allocations under the CSAPR FIPs thus properly exclude any emissions occurring before a unit's monitor certification deadline because such emissions are not emissions ``during the immediately preceding control period'' or ``during such control period.'' \4\ --------------------------------------------------------------------------- \1\ 40 CFR 97.412(a)(4)(i), 97.512(a)(4)(i), 97.612(a)(4)(i), and 97.712(a)(4)(i). First-round NUSA allocations may be affected by first-round NUSA over-subscription and rounding. \2\ 40 CFR 97.412(a)(9)(i), 97.512(a)(9)(i), 97.612(a)(9)(i), and 97.712(a)(9)(i). Second-round NUSA allocations occur only if all NUSA allowances were not allocated in the first round and may be affected by second-round NUSA over-subscription and rounding. \3\ 40 CFR 97.402, 97.502, 97.602, and 97.702 (definitions of ``control period''); see also 40 CFR 97.406(c)(3), 97.506(c)(3), 97.606(c)(3), and 97.706(c)(3) (exclusion of periods before monitor certification deadline). \4\ The CSAPR regulations' exclusion of periods before a unit's monitor certification deadline from ``control periods'' is explicit with respect to control periods in and after 2015, the first year of obligations to hold CSAPR allowances. The regulations' only operative references to control periods before 2015 are the references in the NUSA allowance allocation provisions to ``the immediately preceding control period,'' which, in the context of the 2015 compliance year, indicate 2014 ``control periods.'' EPA interprets the NUSA provisions as intended to operate in the same manner in all compliance years and accordingly interprets the exclusion of periods before a unit's monitor certification deadline as applying to all control periods, including the 2014 ``control periods.'' --------------------------------------------------------------------------- EPA excluded emissions before units' monitor certification deadlines from the preliminary calculations of first-round 2015 NUSA allowance allocations discussed in the June 1 NODA. In the final calculations, EPA has likewise excluded emissions before units' monitor certification deadlines and has made no other changes to the data used in the preliminary calculations. The final first-round 2015 NUSA allowance allocations are therefore unchanged from the preliminary calculations. The final unit-by-unit data and allowance allocation calculations are set forth in Excel spreadsheets titled ``CSAPR_NUSA_2015_NOx_Annual_1st_Round_Final_Data'', ``CSAPR_NUSA_2015_NOx_OS_1st_Round_Final_Data'', and ``CSAPR_NUSA_2015_SO2 _1st_Round_Final_Data,'' available on EPA's Web site at http://www.epa.gov/crossstaterule/actions.html. The three spreadsheets show EPA's final determinations of first-round 2015 NUSA allocations under the CSAPR NOX annual, NOX ozone season, and SO2 (Group 1 and Group 2) trading programs, respectively. Pursuant to CSAPR's allowance recordation timing requirements, the allocated NUSA allowances will be recorded in sources' AMS accounts by August 1, 2015. EPA notes that an allocation or lack of allocation of allowances to a given unit does not constitute a determination that CSAPR does or does not apply to the unit. EPA also notes that NUSA allocations are subject to potential correction if a unit to which NUSA allowances have been allocated for a given compliance year is not actually an affected unit as of January 1 (or May 1 in the case of the NOX ozone season program) of the compliance year.\5\ --------------------------------------------------------------------------- \5\ See 40 CFR 97.411(c), 97.511(c), 97.611(c), and 97.711(c). --------------------------------------------------------------------------- (Authority: 40 CFR 97.411(b), 97.511(b), 97.611(b), and 97.711(b).) Dated: July 20, 2015. Reid P. Harvey, Director, Clean Air Markets Division. [FR Doc. 2015-18516 Filed 7-27-15; 8:45 am] BILLING CODE 6560-50-P
![44882 Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Rules and Regulations
NORTH CAROLINA—2008 8-HOUR OZONE NAAQS
[Primary and secondary]
Designation Classification
Designated area
Date 1 Type Date 1 Type
Charlotte-Rock Hill, NC–SC 2 ....................................... This action is effective 7/ Attainment
28/2015.
Cabarrus County (part) .................................................
Central Cabarrus Township, Concord Township,
Georgeville Township, Harrisburg Township,
Kannapolis Township, Midland Township, Mount
Pleasant Township, New Gilead Township, Odell
Township, Poplar Tent Township, Rimertown Town-
ship
Gaston County (part)
Crowders Mountain Township, Dallas Township, Gas-
tonia Township, Riverbend Township, South Point
Township
Iredell County (part)
Davidson Township, Coddle Creek Township
Lincoln County (part)
Catawba Springs Township, Ironton Township,
Lincolnton Township
Mecklenburg County
Rowan County (part)
Atwell Township, China Grove Township, Franklin
Township, Gold Hill Township, Litaker Township,
Locke Township, Providence Township, Salisbury
Township, Steele Township, Unity Township
Union County (part)
Goose Creek Township, Marshville Township, Monroe
Township, Sandy Ridge Township, Vance Town-
ship
* * * * * * *
1 This date is July 20, 2012, unless otherwise noted.
2 Excludes Indian country located in each area, unless otherwise noted.
* * * * * round of NUSA allowance allocations described the process for submitting any
[FR Doc. 2015–18345 Filed 7–27–15; 8:45 am] for the 2015 compliance year and has objections to the preliminary
BILLING CODE 6560–50–P posted spreadsheets containing the calculations.
calculations on EPA’s Web site. The In response to the June 1 NODA, EPA
final allocations are unchanged from the received three timely written objections,
ENVIRONMENTAL PROTECTION preliminary calculations. EPA will two late written objections, and several
AGENCY record the allocated allowances in telephone inquiries. The objections and
sources’ Allowance Management inquiries all concerned the question of
40 CFR Part 97 System (AMS) accounts by August 1, whether EPA is correct to exclude
[FRL–9931–40–OAR] 2015. emissions that occurred before a unit’s
DATES: July 28, 2015. monitor certification deadline from the
Allocations of Cross-State Air FOR FURTHER INFORMATION CONTACT:
emissions data used to calculate the
Pollution Rule Allowances From New Questions concerning this action should NUSA allowance allocations. As
Unit Set-Asides for the 2015 be addressed to Robert Miller at (202) explained below, under the regulations
Compliance Year 343–9077 or miller.robertl@epa.gov or to such emissions are properly excluded
Kenon Smith at (202) 343–9164 or because they are not emissions during a
AGENCY: Environmental Protection ‘‘control period.’’
Agency (EPA). smith.kenon@epa.gov.
Under the CSAPR FIPs, an eligible
ACTION: Final rule; notice of data SUPPLEMENTARY INFORMATION: Under the
unit’s first-round NUSA allowance
availability (NODA). CSAPR FIPs, a portion of each state
allocation for a given compliance year is
budget for each of the four CSAPR
generally based on the unit’s emissions
SUMMARY: The Environmental Protection emissions trading programs is reserved
‘‘during the immediately preceding
Agency (EPA) is providing notice of as a NUSA from which allowances are
control period’’ (that is, the control
asabaliauskas on DSK5VPTVN1PROD with RULES
emission allowance allocations to allocated to eligible units through an
period in the year before the compliance
certain units under the new unit set- annual one- or two-round process. In a
year).1 An eligible unit’s second-round
aside (NUSA) provisions of the Cross- NODA published in the Federal
NUSA allowance allocation for a given
State Air Pollution Rule (CSAPR) Register on June 1, 2015 (80 FR 30988),
federal implementation plans (FIPs) and EPA described the allocation process 1 40 CFR 97.412(a)(4)(i), 97.512(a)(4)(i),
is responding to objections to and provided notice of preliminary 97.612(a)(4)(i), and 97.712(a)(4)(i). First-round
preliminary calculations. EPA has calculations for the first-round 2015 NUSA allocations may be affected by first-round
completed final calculations for the first NUSA allowance allocations. EPA also NUSA over-subscription and rounding.
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![Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Rules and Regulations 44883
compliance year is generally based on NUSA_2015_NOx_OS_1st_Round_ FOR FURTHER INFORMATION CONTACT: Tom
the positive difference, if any, between Final_Data’’, and ‘‘CSAPR_NUSA_2015_ Graham, NMFS Pacific Islands Region,
the unit’s emissions ‘‘during such SO2_1st_Round_Final_Data,’’ available 808–725–5032.
control period’’ (that is, the control on EPA’s Web site at http:// SUPPLEMENTARY INFORMATION: Pelagic
period in the compliance year) and the www.epa.gov/crossstaterule/ longline fishing in the western and
unit’s first-round NUSA allocation for actions.html. The three spreadsheets central Pacific Ocean is managed, in
the compliance year.2 A ‘‘control show EPA’s final determinations of first- part, under the Western and Central
period’’ is defined as either a calendar round 2015 NUSA allocations under the Pacific Fisheries Convention
year or a May-September period—for CSAPR NOX annual, NOX ozone season, Implementation Act (Act). Regulations
the SO2 and NOX annual programs and and SO2 (Group 1 and Group 2) trading governing fishing by U.S. vessels in
for the NOX ozone season program, programs, respectively. accordance with the Act appear at 50
respectively—subject in both cases to an Pursuant to CSAPR’s allowance CFR part 300, subpart O.
exclusion, for any given unit, of periods recordation timing requirements, the NMFS established a calendar year
before the unit’s monitor certification allocated NUSA allowances will be 2015 limit of 3,502 metric tons (mt) of
deadline, thereby ensuring that the recorded in sources’ AMS accounts by bigeye tuna (Thunnus obesus) that may
unit’s ‘‘control periods’’ generally August 1, 2015. EPA notes that an be caught and retained in the U.S.
represent the periods for which the unit allocation or lack of allocation of pelagic longline fishery in the area of
must hold CSAPR allowances equal to allowances to a given unit does not application of the Convention on the
its emissions.3 The emissions data used constitute a determination that CSAPR Conservation and Management of
in calculating NUSA allowance does or does not apply to the unit. EPA Highly Migratory Fish Stocks in the
allocations under the CSAPR FIPs thus also notes that NUSA allocations are Western and Central Pacific Ocean
properly exclude any emissions subject to potential correction if a unit (Convention Area) (80 FR 43634, July
occurring before a unit’s monitor to which NUSA allowances have been 23, 2015; 50 CFR 300.224). NMFS
certification deadline because such allocated for a given compliance year is monitored the retained catches of bigeye
emissions are not emissions ‘‘during the not actually an affected unit as of tuna using logbook data submitted by
immediately preceding control period’’ January 1 (or May 1 in the case of the vessel captains and other available
or ‘‘during such control period.’’ 4 NOX ozone season program) of the information, and determined that the
EPA excluded emissions before units’ compliance year.5 2015 catch limit would be reached by
monitor certification deadlines from the August 5, 2015. In accordance with 50
(Authority: 40 CFR 97.411(b), 97.511(b),
preliminary calculations of first-round 97.611(b), and 97.711(b).) CFR 300.224(e), this rule serves as
2015 NUSA allowance allocations advance notification to fishermen, the
discussed in the June 1 NODA. In the Dated: July 20, 2015.
fishing industry, and the general public
final calculations, EPA has likewise Reid P. Harvey, that the U.S. longline fishery for bigeye
excluded emissions before units’ Director, Clean Air Markets Division. tuna in the Convention Area will be
monitor certification deadlines and has [FR Doc. 2015–18516 Filed 7–27–15; 8:45 am] closed during the dates provided in the
made no other changes to the data used BILLING CODE 6560–50–P DATES heading. The fishery is scheduled
in the preliminary calculations. The to reopen on January 1, 2016. This rule
final first-round 2015 NUSA allowance does not apply to the longline fisheries
allocations are therefore unchanged DEPARTMENT OF COMMERCE of American Samoa, Guam, or the
from the preliminary calculations. Commonwealth of the Northern Mariana
The final unit-by-unit data and National Oceanic and Atmospheric Islands, collectively ‘‘the territories,’’ as
allowance allocation calculations are set Administration described below.
forth in Excel spreadsheets titled During the closure, a U.S. fishing
‘‘CSAPR_NUSA_2015_NOx_Annual_ 50 CFR Part 300 vessel may not retain on board,
1st_Round_Final_Data’’, ‘‘CSAPR_ transship, or land bigeye tuna captured
[Docket No. 150619537–5615–01]
by longline gear in the Convention Area,
2 40 CFR 97.412(a)(9)(i), 97.512(a)(9)(i), RIN 0648–XE037 except that any bigeye tuna already on
97.612(a)(9)(i), and 97.712(a)(9)(i). Second-round board a fishing vessel upon the effective
NUSA allocations occur only if all NUSA Western and Central Pacific Fisheries
allowances were not allocated in the first round and date of the restrictions may be retained
for Highly Migratory Species; 2015 on board, transshipped, and landed,
may be affected by second-round NUSA over-
subscription and rounding. Bigeye Tuna Longline Fishery Closure provided that they are landed within 14
3 40 CFR 97.402, 97.502, 97.602, and 97.702
AGENCY: National Marine Fisheries days of the start of the closure, that is,
(definitions of ‘‘control period’’); see also 40 CFR
97.406(c)(3), 97.506(c)(3), 97.606(c)(3), and Service (NMFS), National Oceanic and by August 19, 2015. This 14-day landing
97.706(c)(3) (exclusion of periods before monitor Atmospheric Administration (NOAA), requirement does not apply to a vessel
certification deadline). Commerce. that has declared to NMFS, pursuant to
4 The CSAPR regulations’ exclusion of periods
ACTION: Temporary rule; fishery closure. 50 CFR 665.803(a), that the current trip
before a unit’s monitor certification deadline from type is shallow-setting.
‘‘control periods’’ is explicit with respect to control NMFS is closing the U.S.
periods in and after 2015, the first year of
SUMMARY: Longline-caught bigeye tuna may be
obligations to hold CSAPR allowances. The pelagic longline fishery for bigeye tuna retained on board, transshipped, and
regulations’ only operative references to control in the western and central Pacific Ocean landed if the fish are caught by a vessel
periods before 2015 are the references in the NUSA as a result of the fishery reaching the with a valid American Samoa longline
asabaliauskas on DSK5VPTVN1PROD with RULES
allowance allocation provisions to ‘‘the 2015 catch limit. This action is
immediately preceding control period,’’ which, in
permit, or landed in the territories. In
the context of the 2015 compliance year, indicate necessary to prevent additional fishing either case, the following conditions
2014 ‘‘control periods.’’ EPA interprets the NUSA pressure on this fish stock. must be met:
provisions as intended to operate in the same DATES: Effective August 5, 2015, through (1) The fish is not caught in the U.S.
manner in all compliance years and accordingly Exclusive Economic Zone (EEZ) around
interprets the exclusion of periods before a unit’s December 31, 2015.
monitor certification deadline as applying to all Hawaii;
control periods, including the 2014 ‘‘control 5 See 40 CFR 97.411(c), 97.511(c), 97.611(c), and (2) Other applicable laws and
periods.’’ 97.711(c). regulations are followed; and
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Document Created: 2018-02-23 09:28:52
Document Modified: 2018-02-23 09:28:52
| 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 | Rules and Regulations | |
| Action | Final rule; notice of data availability (NODA). | |
| Dates | July 28, 2015. | |
| Contact | Questions concerning this action | |
| FR Citation | 80 FR 44882 |
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