81 FR 63156 - Allocations of Cross-State Air Pollution Rule Allowances From New Unit Set-Asides for 2016 Control Periods
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 178 (September 14, 2016)
Federal Register Volume 81, Issue 178 (September 14, 2016)
| Page Range | 63156-63158 | |
| FR Document | 2016-22090 |
[Federal Register Volume 81, Number 178 (Wednesday, September 14, 2016)] [Proposed Rules] [Pages 63156-63158] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-22090] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 97 [FRL-9952-26-OAR] Allocations of Cross-State Air Pollution Rule Allowances From New Unit Set-Asides for 2016 Control Periods 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 lists of units eligible for allocations of emission allowances 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 previously completed the first round of NUSA allowance allocations for the 2016 control periods for all four CSAPR trading programs and is now making available preliminary lists of units eligible for allocations in the second round of the NUSA allocation process for the CSAPR NOX Ozone Season Trading Program. EPA has posted a spreadsheet containing the preliminary lists on EPA's Web site. EPA will consider timely objections to the lists of eligible units contained in the spreadsheet and will promulgate a notice responding to any such objections no later than November 15, 2016, the deadline for recording the second-round allocations of CSAPR NOX Ozone Season allowances in sources' Allowance Management System accounts. This notice may concern CSAPR-affected units in the following states: Alabama, Arkansas, Florida, Georgia, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maryland, Michigan, Mississippi, Missouri, New Jersey, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, West Virginia, and Wisconsin. [[Page 63157]] DATES: Objections to the information referenced in this notice must be received on or before October 14, 2016. ADDRESSES: Submit your objections via email to [email protected]. Include ``2016 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 [email protected] or Kenon Smith at (202) 343-9164 or [email protected]. 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 control periods 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. --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- EPA has already completed the first round of allocations of 2016 NUSA allowances for all four CSAPR trading programs, as announced in notices previously published in the Federal Register.\3\ The first- round NUSA allocation process was discussed in those previous notices. --------------------------------------------------------------------------- \3\ 81 FR 33636 (May 27, 2016); 81 FR 50630 (August 2, 2016). --------------------------------------------------------------------------- In the case of second-round allocations of NUSA allowances, the annual allocations for the CSAPR NOX Ozone Season Trading Program occur before the annual allocations for the other three CSAPR trading programs because of differences in the emissions reporting and compliance deadlines for the various programs. This notice concerns the second round of NUSA allowance allocations for the CSAPR NOx Ozone Season Trading Program for the 2016 control period.\4\ --------------------------------------------------------------------------- \4\ At this time, EPA is not aware of any unit eligible for a second-round allocation from any Indian country NUSA. --------------------------------------------------------------------------- The units eligible to receive second-round NUSA allocations for the CSAPR NOX Ozone Season Trading Program are defined in Sec. Sec. 97.511(a)(1)(iii) and 97.512(a)(9)(i). Generally, eligible units include any CSAPR-affected unit that commenced commercial operation between May 1 of the year before the control period in question and August 31 of the year of the control period in question. In the case of the 2016 control period, an eligible unit therefore must have commenced commercial operation between May 1, 2015 and August 31, 2016 (inclusive). The total quantity of allowances to be allocated through the 2016 NUSA allowance allocation process for each state and emissions trading program--in the two rounds of the allocation process combined--is generally the state's 2016 emissions budget less the sum of (1) the total of the 2016 CSAPR FIP allowance allocations to existing units and (2) the amount of the 2016 Indian country NUSA, if any.\5\ The amounts of CSAPR NOX Ozone Season NUSA allowances may be increased in certain circumstances as set forth in Sec. 97.512(a)(2). --------------------------------------------------------------------------- \5\ 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. --------------------------------------------------------------------------- Second-round NUSA allocations for a given state, trading program, and control period are made only if the NUSA contains allowances after completion of the first-round allocations. The amounts of second-round CSAPR NOX Ozone Season allowance allocations to eligible new units from each NUSA are calculated according to the procedures set forth in Sec. 97.512(a)(9), (10) and (12). Generally, the procedures call for each eligible unit to receive a second-round 2016 NUSA allocation equal to the positive difference, if any, between its emissions during the 2016 NOX ozone season (i.e., May 1, 2016 through September 30, 2016) as reported under 40 CFR part 75 and any first-round allocation the unit received, 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. Any allowances remaining in the CSAPR NOX Ozone Season NUSA for a given state and control period after the second round of NUSA allocations to new units will be allocated to the existing units in the state according to the procedures set forth in Sec. 97.512(a)(10) and (12). 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 if a unit to which NUSA allowances have been allocated for a given control period is not actually an affected unit as of the start of that control period.\6\ --------------------------------------------------------------------------- \6\ See 40 CFR 97.511(c). --------------------------------------------------------------------------- The preliminary lists of units eligible for second-round 2016 NUSA allocations of CSAPR NOX Ozone Season allowances are set forth in an Excel spreadsheet titled ``CSAPR_NUSA_2016_NOx_OS_2nd_Round_Prelim_Data'' available on EPA's Web site at http://www.epa.gov/crossstaterule/actions.html. The spreadsheet contains a separate worksheet for each state covered by that program showing each unit preliminarily identified as eligible for a second- round NUSA allocation. Each state worksheet also contains a summary showing (1) the quantity of allowances initially available in that state's 2016 NUSA, (2) the sum of the 2016 NUSA allowance allocations that were made in the first-round to new units in that state (if any), and (3) the quantity of allowances in the 2016 NUSA available for distribution in [[Page 63158]] second-round allocations to new units (or ultimately for allocation to existing units). Objections should be strictly limited to whether EPA has correctly identified the new units eligible for second-round 2016 NUSA allocations of CSAPR NOX Ozone Season allowances according to the criteria described above and should be emailed to the address identified in ADDRESSES. Objections must include: (1) Precise identification of the specific data the commenter believes are inaccurate, (2) new proposed data upon which the commenter believes EPA should rely instead, and (3) the reasons why EPA should rely on the commenter's proposed data and not the data referenced in this notice. Authority: 40 CFR 97.511(b). Dated: September 7, 2016. Reid P. Harvey, Director, Clean Air Markets Division, Office of Atmospheric Programs, Office of Air and Radiation. [FR Doc. 2016-22090 Filed 9-13-16; 8:45 am] BILLING CODE 6560-50-P
![63156 Federal Register / Vol. 81, No. 178 / Wednesday, September 14, 2016 / Proposed Rules
October 14, 2016. The Department official comment and should include ENVIRONMENTAL PROTECTION
believes that this additional 30 days will discussion of all points you wish to AGENCY
provide the public with a sufficient make. The EPA will generally not
opportunity to provide comments on consider comments or comment 40 CFR Part 97
this NPRM. Given the importance of contents located outside of the primary
ensuring that its regulations conform to submission (i.e. on the Web, cloud, or [FRL–9952–26–OAR]
section 274B of the INA, the Department other file sharing system). For
seeks to continue moving this additional submission methods, please Allocations of Cross-State Air
rulemaking forward. Comments on the contact the person identified in the FOR Pollution Rule Allowances From New
NPRM should be provided by October FURTHER INFORMATION CONTACT section.
Unit Set-Asides for 2016 Control
14, 2016, via the methods described Periods
For the full EPA public comment policy,
above. information about CBI or multimedia AGENCY: Environmental Protection
Dated: September 7, 2016. submissions, and general guidance on Agency (EPA).
Vanita Gupta, making effective comments, please visit
Principal Deputy Assistant Attorney General. http://www2.epa.gov/dockets/ Notice of data availability
ACTION:
[FR Doc. 2016–21937 Filed 9–13–16; 8:45 am] commenting-epa-dockets. (NODA).
BILLING CODE 4410–13–P
FOR FURTHER INFORMATION CONTACT: Ida SUMMARY: The Environmental Protection
E. McDonnell, Manager, Air Permits, Agency (EPA) is providing notice of the
Toxics, and Indoor Programs Unit, availability of preliminary lists of units
ENVIRONMENTAL PROTECTION
Office of Ecosystem Protection, U.S. eligible for allocations of emission
AGENCY
Environmental Protection Agency, EPA allowances under the Cross-State Air
40 CFR Part 52 New England Regional Office, 5 Post Pollution Rule (CSAPR). Under the
Office Square, Suite 100, (OEP05–2), CSAPR federal implementation plans
[EPA–R01–OAR–2016–0441; A–1–FRL– (FIPs), portions of each covered state’s
Boston, MA 02109–3912, phone number
9952–10–Region I] annual emissions budgets for each of the
(617) 918–1653, fax number (617) 918–
0653, email McDonnell.Ida@epa.gov. four CSAPR emissions trading programs
Air Plan Approval; VT; Prevention of
are reserved for allocation to electricity
Significant Deterioration, PM2.5 SUPPLEMENTARY INFORMATION: In the generating units that commenced
AGENCY: Environmental Protection Final Rules Section of this Federal commercial operation on or after
Agency. Register, EPA is approving the State’s January 1, 2010 (new units) and certain
ACTION:Proposed rule. SIP submittal as a direct final rule other units not otherwise obtaining
without prior proposal because the allowance allocations under the FIPs.
SUMMARY: The Environmental Protection Agency views this as a noncontroversial The quantities of allowances allocated
Agency (EPA) is proposing to approve a submittal and anticipates no adverse to eligible units from each new unit set-
State Implementation Plan (SIP) comments. A detailed rationale for the aside (NUSA) under the FIPs are
revision submitted by the State of approval is set forth in the direct final calculated in an annual one- or two-
Vermont. The revision sets the amount rule. If no adverse comments are round allocation process. EPA
of PM2.5 increment sources are received in response to this action rule, previously completed the first round of
permitted to consume when obtaining a NUSA allowance allocations for the
no further activity is contemplated. If
prevention of significant deterioration 2016 control periods for all four CSAPR
EPA receives adverse comments, the
(PSD) preconstruction permit and trading programs and is now making
requires PM2.5 emission offsets under direct final rule will be withdrawn and
all public comments received will be available preliminary lists of units
certain circumstances. This action is eligible for allocations in the second
being taken in accordance with the addressed in a subsequent final rule
based on this proposed rule. EPA will round of the NUSA allocation process
Clean Air Act. for the CSAPR NOX Ozone Season
DATES: Written comments must be
not institute a second comment period.
Trading Program. EPA has posted a
received on or before October 14, 2016. Any parties interested in commenting
spreadsheet containing the preliminary
ADDRESSES: Submit your comments,
on this action should do so at this time. lists on EPA’s Web site. EPA will
identified by Docket ID No. EPA–R01– Please note that if EPA receives adverse consider timely objections to the lists of
OAR–2016–0441 at http:// comment on an amendment, paragraph, eligible units contained in the
www.regulations.gov, or via email to or section of this rule and if that spreadsheet and will promulgate a
mcdonnell.ida@epa.gov. For comments provision may be severed from the notice responding to any such
submitted at Regulations.gov, follow the remainder of the rule, EPA may adopt objections no later than November 15,
online instructions for submitting as final those provisions of the rule that 2016, the deadline for recording the
comments. Once submitted, comments are not the subject of an adverse second-round allocations of CSAPR
cannot be edited or removed from comment. NOX Ozone Season allowances in
Regulations.gov. For either manner of For additional information, see the sources’ Allowance Management
submission, the EPA may publish any System accounts. This notice may
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
direct final rule which is located in the
comment received to its public docket. Rules Section of this Federal Register. concern CSAPR-affected units in the
Do not submit electronically any following states: Alabama, Arkansas,
information you consider to be Dated: August 8, 2016. Florida, Georgia, Illinois, Indiana, Iowa,
Confidential Business Information (CBI) H. Curtis Spalding, Kentucky, Louisiana, Maryland,
or other information whose disclosure is Regional Administrator, EPA New England. Michigan, Mississippi, Missouri, New
restricted by statute. Multimedia [FR Doc. 2016–21880 Filed 9–13–16; 8:45 am] Jersey, New York, North Carolina, Ohio,
submissions (audio, video, etc.) must be BILLING CODE 6560–50–P
Oklahoma, Pennsylvania, South
accompanied by a written comment. Carolina, Tennessee, Texas, Virginia,
The written comment is considered the West Virginia, and Wisconsin.
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![63158 Federal Register / Vol. 81, No. 178 / Wednesday, September 14, 2016 / Proposed Rules
second-round allocations to new units OW–2015–0392, to the Federal epa.gov/wqs-tech/water-quality-
(or ultimately for allocation to existing eRulemaking Portal: http:// standards-establishment-revised-
units). www.regulations.gov. Follow the online numeric-criteria-selenium-san-
Objections should be strictly limited instructions for submitting comments. francisco-bay.
to whether EPA has correctly identified Once submitted, comments cannot be Dated: September 7, 2016.
the new units eligible for second-round edited or removed from Regulations.gov. Michael H. Shapiro,
2016 NUSA allocations of CSAPR NOX EPA may publish any comment received Deputy Assistant Administrator, Office of
Ozone Season allowances according to to its public docket. Do not submit Water.
the criteria described above and should electronically any information you [FR Doc. 2016–22087 Filed 9–13–16; 8:45 am]
be emailed to the address identified in consider to be Confidential Business
BILLING CODE 6560–50–P
ADDRESSES. Objections must include: (1) Information (CBI) or other information
Precise identification of the specific whose disclosure is restricted by statute.
data the commenter believes are Multimedia submissions (audio, video,
inaccurate, (2) new proposed data upon etc.) must be accompanied by a written DEPARTMENT OF DEFENSE
which the commenter believes EPA comment. The written comment is GENERAL SERVICES
should rely instead, and (3) the reasons considered the official comment and ADMINISTRATION
why EPA should rely on the should include discussion of all points
commenter’s proposed data and not the you wish to make. EPA will generally NATIONAL AERONAUTICS AND
data referenced in this notice. not consider comments or comment SPACE ADMINISTRATION
Authority: 40 CFR 97.511(b). contents located outside of the primary
submission (i.e., on the web, cloud, or 48 CFR Part 49
Dated: September 7, 2016. other file sharing system). For
Reid P. Harvey, additional submission methods, the full [FAR Case 2015–039; Docket No. 2015–
Director, Clean Air Markets Division, Office 0039, Sequence No. 1]
EPA public comment policy,
of Atmospheric Programs, Office of Air and information about CBI or multimedia RIN 9000–AN26
Radiation. submissions, and general guidance on
[FR Doc. 2016–22090 Filed 9–13–16; 8:45 am] making effective comments, please visit Federal Acquisition Regulation: Audit
BILLING CODE 6560–50–P http://www2.epa.gov/dockets/ of Settlement Proposals
commenting-epa-dockets. AGENCY: Department of Defense (DoD),
FOR FURTHER INFORMATION CONTACT: General Services Administration (GSA),
ENVIRONMENTAL PROTECTION
Julianne McLaughlin, Office of Water, and the National Aeronautics and Space
AGENCY
Standards and Health Protection Administration (NASA).
40 CFR Part 131 Division (4305T), U.S. Environmental ACTION: Proposed rule.
Protection Agency, 1200 Pennsylvania
[EPA–HQ–OW–2015–0392; FRL–9952–39– Avenue NW., Washington, DC 20460; SUMMARY: DoD, GSA, and NASA are
OW] telephone number: (202) 566–2542; proposing to amend the Federal
RIN 2040–AF61 email address: Mclaughlin.Julianne@ Acquisition Regulation (FAR) to raise
epa.gov; or Diane E. Fleck, P.E., Esq., the dollar threshold requirement for the
Water Quality Standards; Water Division (WTR–2–1), U.S. audit of prime contract settlement
Establishment of Revised Numeric Environmental Protection Agency proposals and subcontract settlements
Criteria for Selenium for the San Region 9, 75 Hawthorne Street, San from $100,000 to $750,000.
Francisco Bay and Delta, State of Francisco, CA 94105; telephone number DATES: Interested parties should submit
California; Extension of Public (415) 972–3527; email address: written comments to the Regulatory
Comment Period Fleck.Diane@EPA.gov. Secretariat Division at one of the
SUPPLEMENTARY INFORMATION: On July addresses shown below on or before
AGENCY: Environmental Protection 15, 2016, EPA published the proposed November 14, 2016 to be considered in
Agency (EPA). rule, ‘‘Water Quality Standards; the formation of the final rule.
ACTION: Proposed rule; extension of Establishment of Revised Numeric ADDRESSES: Submit comments in
comment period. Criteria for Selenium for the San response to FAR case 2015–039 by any
Francisco Bay and Delta, State of of the following methods:
SUMMARY: The Environmental Protection • Regulations.gov: http://
California’’ in the Federal Register (81
Agency (EPA) is extending the comment www.regulations.gov. Submit comments
FR 46030). EPA proposes to revise the
period for the proposed rule, ‘‘Water via the Federal eRulemaking portal by
current federal Clean Water Act
Quality Standards; Establishment of searching for ‘‘FAR Case 2015–039’’.
selenium water quality criteria
Revised Numeric Criteria for Selenium Select the link ‘‘Comment Now’’ that
applicable to the San Francisco Bay and
for the San Francisco Bay and Delta, corresponds with ‘‘FAR Case 2015–
Delta to ensure that the criteria are set
State of California.’’ In response to 039.’’ Follow the instructions provided
at levels that protect aquatic life and
stakeholder requests, EPA is extending on the screen. Please include your
aquatic-dependent wildlife, including
the comment period for an additional 45 name, company name (if any), and
federally listed threatened and
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
days, from September 13, 2016, to ‘‘FAR Case 2015–039’’ on your attached
endangered species.
October 28, 2016. The original deadline to submit document.
DATES: The comment period for the comments on the proposed rule was • Mail: General Services
proposed rule that published on July 15, September 13, 2016. This action extends Administration, Regulatory Secretariat
2016 (81 FR 46030) has been extended. the comment period for 45 days. Written Division (MVCB), ATTN: Ms. Flowers,
Comments must be received on or comments must now be received on or 1800 F Street NW., 2nd Floor,
before October 28, 2016. before October 28, 2016. Washington, DC 20405.
ADDRESSES: Submit your comments, For more information on this Instructions: Please submit comments
identified by Docket ID No. EPA–HQ– proposed rule, please visit https:// only and cite FAR Case 2015–039, in all
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Document Created: 2016-09-14 02:27:12
Document Modified: 2016-09-14 02:27:12
| 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 October 14, 2016. | |
| Contact | Questions concerning this action | |
| FR Citation | 81 FR 63156 |
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