81_FR_67380 81 FR 67190 - Availability of Data on Allocations of Cross-State Air Pollution Rule Allowances to Existing Electricity Generating Units

81 FR 67190 - Availability of Data on Allocations of Cross-State Air Pollution Rule Allowances to Existing Electricity Generating Units

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 190 (September 30, 2016)

Page Range67190-67191
FR Document2016-23434

Under the Cross-State Air Pollution Rule (CSAPR) trading program regulations, the EPA allocates emission allowances to existing electricity generating units (EGUs) as provided in a notice of data availability (NODA). In the CSAPR Update promulgated earlier this year, the EPA finalized default allocations of CSAPR NO<INF>X</INF> Ozone Season Group 2 allowances for the control periods in 2017 and subsequent years to existing EGUs in 22 eastern states for which the EPA finalized Federal Implementation Plans (FIPs)--Alabama, Arkansas, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Mississippi, Missouri, New Jersey, New York, Ohio, Oklahoma, Pennsylvania, Tennessee, Texas, Virginia, West Virginia, and Wisconsin. Through this NODA, the EPA is providing notice of the availability of data on these allowance allocations to existing units, as well as the data upon which the allocations are based.

Federal Register, Volume 81 Issue 190 (Friday, September 30, 2016)
[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)]
[Rules and Regulations]
[Pages 67190-67191]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23434]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 97

[EPA-HQ-OAR-2015-0500; FRL-9953-30-OAR]


Availability of Data on Allocations of Cross-State Air Pollution 
Rule Allowances to Existing Electricity Generating Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; notice of data availability (NODA).

-----------------------------------------------------------------------

SUMMARY: Under the Cross-State Air Pollution Rule (CSAPR) trading 
program regulations, the EPA allocates emission allowances to existing 
electricity generating units (EGUs) as provided in a notice of data 
availability (NODA). In the CSAPR Update promulgated earlier this year, 
the EPA finalized default allocations of CSAPR NOX Ozone 
Season Group 2 allowances for the control periods in 2017 and 
subsequent years to existing EGUs in 22 eastern states for which the 
EPA finalized Federal Implementation Plans (FIPs)--Alabama, Arkansas, 
Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, 
Michigan, Mississippi, Missouri, New Jersey, New York, Ohio, Oklahoma, 
Pennsylvania, Tennessee, Texas, Virginia, West Virginia, and Wisconsin. 
Through this NODA, the EPA is providing notice of the availability of 
data on these allowance allocations to existing units, as well as the 
data upon which the allocations are based.

DATES: September 30, 2016.

FOR FURTHER INFORMATION CONTACT: Questions concerning this notice 
should be addressed to Michael Cohen, at (202) 343-9497 or 
[email protected]; or Robert Miller, at (202) 343-9077 or 
[email protected]. The mailing address for each of these 
individuals is U.S. Environmental Protection Agency, Clean Air Markets 
Division, MC 6204M, 1200 Pennsylvania Avenue NW., Washington, DC 20460.

SUPPLEMENTARY INFORMATION: The CSAPR allowance trading programs require 
affected EGUs to hold emission allowances sufficient to cover their 
emissions of nitrogen oxides (NOX) and/or sulfur dioxide in 
each control period. In the CSAPR Update for the 2008 ozone National 
Ambient Air Quality Standards (NAAQS), the EPA established new 
emissions budgets for ozone season NOX emissions in 2017 and 
subsequent years for 22 eastern states and promulgated FIP provisions 
requiring affected EGUs in those states to participate in the CSAPR 
NOX Ozone Season Group 2 Trading Program.\1\ Beginning with 
the 2018 control period, each covered state generally has the option to 
determine how the CSAPR NOX Ozone Season Group 2 allowances 
in its state emissions budget should be allocated among the state's 
EGUs through a State Implementation Plan (SIP) revision.\2\ However, 
for the 2017 control period, and by default for subsequent control 
periods in situations where a state has not provided the EPA with the 
state's own allocations pursuant to an approved SIP revision, the 
allocations are made by the EPA.
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    \1\ See Cross-State Air Pollution Rule Update for the 2008 Ozone 
NAAQS (September 7, 2016), available at https://www.epa.gov/airmarkets/final-cross-state-air-pollution-rule-update.
    \2\ See 40 CFR 52.38 and 52.39.
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    In the case of units that commenced commercial operations before 
January 1, 2015, termed ``existing'' units for purposes of this trading 
program, the EPA determined default allocations for all control periods 
in the CSAPR Update rulemaking, according to a methodology finalized in 
the rulemaking but not included in the regulatory text.\3\ Through this 
NODA, the EPA is providing notice of the availability of unit-level 
default allocations of CSAPR NOX Ozone Season Group 2 
allowances for EGUs that commenced commercial operation before January 
1, 2015, as required by the CSAPR regulations.\4\ The data are 
contained in an Excel spreadsheet titled ``Unit-Level Allocations and 
Underlying Data for the

[[Page 67191]]

CSAPR Update for the 2008 Ozone NAAQS'' that is included in the docket 
for the CSAPR Update final rule and has been posted on the EPA's Web 
site at https://www.epa.gov/airmarkets/final-cross-state-air-pollution-rule-update. The spreadsheet contains the default allocations of 
allowances for each control period starting with 2017. For EGUs in all 
covered states except Arkansas, the unit-level allocations in the 
spreadsheet are the same for each year. For EGUs in Arkansas, the unit-
level allocations for many EGUs are higher for the 2017 control period 
because Arkansas' 2017 ozone season NOX emissions budget is 
higher than its emissions budget for the control period in 2018 and 
subsequent years. The spreadsheet also contains the data used to 
compute the allocations and describes how the computations are 
performed. The EPA is not requesting comment on the allocations, 
underlying data, or allocation methodology.
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    \3\ See CSAPR Allowance Allocations Final Rule TSD, available at 
https://www.epa.gov/airmarkets/final-cross-state-air-pollution-rule-update.
    \4\ See 40 CFR 97.811(a)(1). The approach of allocating emission 
allowances to existing EGUs as provided in a NODA was established in 
the original CSAPR and was unchanged in the CSAPR Update. See, e.g., 
40 CFR 97.511(a)(1).
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    The EPA notes that an allocation or lack of allocation of emission 
allowances to a given EGU does not constitute a determination that 
CSAPR does or does not apply to the EGU.\5\ The EPA also notes that 
allocations are subject to potential correction under the rule.\6\
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    \5\ See 40 CFR 97.811(a)(1).
    \6\ See 40 CFR 97.811(c).
---------------------------------------------------------------------------

    In accordance with the allowance recordation deadlines set forth in 
the regulations, the EPA will record allocations of CSAPR 
NOX Ozone Season Group 2 allowances to existing units for 
the 2017 control period by January 3, 2017 (the first business day 
after January 1, 2017).\7\ The EPA will also record allocations for the 
2018 control period by that same date except in instances where a state 
has provided the EPA with timely notice of the state's intent to submit 
a SIP revision with state-determined allowance allocations replacing 
the EPA's default allocations for the 2018 control period.\8\
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    \7\ See 40 CFR 97.821(a).
    \8\ See 40 CFR 52.38(b)(7) and 97.821(b).
---------------------------------------------------------------------------

    For units commencing commercial operation on or after January 1, 
2015, termed ``new'' units for purposes of the CSAPR NOX 
Ozone Season Group 2 Trading Program, the EPA's default allocations for 
each control period are annually determined during and after the 
control period based on current and prior year emission data, using a 
methodology set out in the regulatory text.\9\
---------------------------------------------------------------------------

    \9\ See 40 CFR 97.812.

    Dated: September 22, 2016.
Reid P. Harvey,
Director, Clean Air Markets Division.
[FR Doc. 2016-23434 Filed 9-29-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                  67190               Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations

                                                    Dated: September 19, 2016.                                PART 52—APPROVAL AND                                         ■ 2. In § 52.770 the table in paragraph
                                                  Robert A. Kaplan,                                           PROMULGATION OF                                              (c) is amended by adding an entry under
                                                  Acting Regional Administrator, Region 5.                    IMPLEMENTATION PLANS                                         ‘‘Article 5. Opacity Regulations’’ ‘‘Rule
                                                                                                                                                                           1. Opacity Limitations’’ for 5–1–8 in
                                                      40 CFR part 52 is amended as follows:                   ■ 1. The authority citation for part 52                      numerical order to read as follows:
                                                                                                              continues to read as follows:                                § 52.770      Identification of plan.
                                                                                                                  Authority: 42 U.S.C. 7401 et seq.                        *       *    *           *   *
                                                                                                                                                                               (c) * * *

                                                                                                              EPA-APPROVED INDIANA REGULATIONS
                                                                                                                                  Indiana
                                                      Indiana citation                          Subject                           effective                   EPA approval date                             Notes
                                                                                                                                    date


                                                              *                         *                         *                           *                       *                         *                   *

                                                                                                                        Article 5. Opacity Regulations
                                                                                                                         Rule 1. Opacity Limitations


                                                           *                             *                    *                           *                            *                        *                   *
                                                  5–1–8 ........................   Site-specific temporary alternate               12/6/2014         9/30/2016, [insert Federal Reg-
                                                                                     opacity limitations.                                              ister citation].

                                                              *                         *                         *                           *                       *                         *                   *



                                                  *       *       *        *       *                          Texas, Virginia, West Virginia, and                          generally has the option to determine
                                                  [FR Doc. 2016–23296 Filed 9–29–16; 8:45 am]                 Wisconsin. Through this NODA, the                            how the CSAPR NOX Ozone Season
                                                  BILLING CODE 6560–50–P                                      EPA is providing notice of the                               Group 2 allowances in its state
                                                                                                              availability of data on these allowance                      emissions budget should be allocated
                                                                                                              allocations to existing units, as well as                    among the state’s EGUs through a State
                                                  ENVIRONMENTAL PROTECTION                                    the data upon which the allocations are                      Implementation Plan (SIP) revision.2
                                                  AGENCY                                                      based.                                                       However, for the 2017 control period,
                                                                                                              DATES: September 30, 2016.                                   and by default for subsequent control
                                                  40 CFR Part 97                                                                                                           periods in situations where a state has
                                                                                                              FOR FURTHER INFORMATION CONTACT:
                                                  [EPA–HQ–OAR–2015–0500; FRL–9953–30–                         Questions concerning this notice should                      not provided the EPA with the state’s
                                                  OAR]                                                        be addressed to Michael Cohen, at (202)                      own allocations pursuant to an
                                                                                                              343–9497 or cohen.michael@epa.gov; or                        approved SIP revision, the allocations
                                                  Availability of Data on Allocations of                      Robert Miller, at (202) 343–9077 or                          are made by the EPA.
                                                  Cross-State Air Pollution Rule                              miller.robertl@epa.gov. The mailing                             In the case of units that commenced
                                                  Allowances to Existing Electricity                          address for each of these individuals is                     commercial operations before January 1,
                                                  Generating Units                                            U.S. Environmental Protection Agency,                        2015, termed ‘‘existing’’ units for
                                                                                                              Clean Air Markets Division, MC 6204M,                        purposes of this trading program, the
                                                  AGENCY:  Environmental Protection                                                                                        EPA determined default allocations for
                                                  Agency (EPA).                                               1200 Pennsylvania Avenue NW.,
                                                                                                              Washington, DC 20460.                                        all control periods in the CSAPR Update
                                                  ACTION: Final rule; notice of data                                                                                       rulemaking, according to a methodology
                                                  availability (NODA).                                        SUPPLEMENTARY INFORMATION: The
                                                                                                              CSAPR allowance trading programs                             finalized in the rulemaking but not
                                                                                                              require affected EGUs to hold emission                       included in the regulatory text.3
                                                  SUMMARY:    Under the Cross-State Air                                                                                    Through this NODA, the EPA is
                                                  Pollution Rule (CSAPR) trading program                      allowances sufficient to cover their
                                                                                                              emissions of nitrogen oxides (NOX) and/                      providing notice of the availability of
                                                  regulations, the EPA allocates emission                                                                                  unit-level default allocations of CSAPR
                                                  allowances to existing electricity                          or sulfur dioxide in each control period.
                                                                                                              In the CSAPR Update for the 2008 ozone                       NOX Ozone Season Group 2 allowances
                                                  generating units (EGUs) as provided in
                                                                                                              National Ambient Air Quality Standards                       for EGUs that commenced commercial
                                                  a notice of data availability (NODA). In
                                                                                                              (NAAQS), the EPA established new                             operation before January 1, 2015, as
                                                  the CSAPR Update promulgated earlier
                                                                                                              emissions budgets for ozone season NOX                       required by the CSAPR regulations.4
                                                  this year, the EPA finalized default
                                                                                                              emissions in 2017 and subsequent years                       The data are contained in an Excel
                                                  allocations of CSAPR NOX Ozone
                                                                                                              for 22 eastern states and promulgated                        spreadsheet titled ‘‘Unit-Level
                                                  Season Group 2 allowances for the                                                                                        Allocations and Underlying Data for the
                                                  control periods in 2017 and subsequent                      FIP provisions requiring affected EGUs
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  years to existing EGUs in 22 eastern                        in those states to participate in the                            2 See40 CFR 52.38 and 52.39.
                                                  states for which the EPA finalized                          CSAPR NOX Ozone Season Group 2                                   3 SeeCSAPR Allowance Allocations Final Rule
                                                  Federal Implementation Plans (FIPs)—                        Trading Program.1 Beginning with the                         TSD, available at https://www.epa.gov/airmarkets/
                                                  Alabama, Arkansas, Illinois, Indiana,                       2018 control period, each covered state                      final-cross-state-air-pollution-rule-update.
                                                                                                                                                                              4 See 40 CFR 97.811(a)(1). The approach of
                                                  Iowa, Kansas, Kentucky, Louisiana,
                                                                                                                1 See Cross-State Air Pollution Rule Update for            allocating emission allowances to existing EGUs as
                                                  Maryland, Michigan, Mississippi,                            the 2008 Ozone NAAQS (September 7, 2016),                    provided in a NODA was established in the original
                                                  Missouri, New Jersey, New York, Ohio,                       available at https://www.epa.gov/airmarkets/final-           CSAPR and was unchanged in the CSAPR Update.
                                                  Oklahoma, Pennsylvania, Tennessee,                          cross-state-air-pollution-rule-update.                       See, e.g., 40 CFR 97.511(a)(1).



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                                                                        Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations                                                                         67191

                                                  CSAPR Update for the 2008 Ozone                                        Trading Program, the EPA’s default                                 publish a timely withdrawal in the
                                                  NAAQS’’ that is included in the docket                                 allocations for each control period are                            Federal Register informing the public
                                                  for the CSAPR Update final rule and has                                annually determined during and after                               that the direct final rule will not take
                                                  been posted on the EPA’s Web site at                                   the control period based on current and                            effect.
                                                  https://www.epa.gov/airmarkets/final-                                  prior year emission data, using a
                                                  cross-state-air-pollution-rule-update.                                 methodology set out in the regulatory                              ADDRESSES:   Submit your comments,
                                                  The spreadsheet contains the default                                   text.9                                                             identified by Docket ID No. [EPA–HQ–
                                                  allocations of allowances for each                                                                                                        OW–2016–0598], at http://
                                                                                                                           Dated: September 22, 2016.                                       www.regulations.gov. Follow the online
                                                  control period starting with 2017. For
                                                                                                                         Reid P. Harvey,                                                    instructions for submitting comments.
                                                  EGUs in all covered states except
                                                                                                                         Director, Clean Air Markets Division.                              Once submitted, comments cannot be
                                                  Arkansas, the unit-level allocations in
                                                  the spreadsheet are the same for each                                  [FR Doc. 2016–23434 Filed 9–29–16; 8:45 am]                        edited or removed from Regulations.gov.
                                                  year. For EGUs in Arkansas, the unit-                                  BILLING CODE 6560–50–P                                             EPA may publish any comment received
                                                  level allocations for many EGUs are                                                                                                       to its public docket. Do not submit
                                                  higher for the 2017 control period                                                                                                        electronically any information you
                                                  because Arkansas’ 2017 ozone season                                    ENVIRONMENTAL PROTECTION                                           consider to be Confidential Business
                                                  NOX emissions budget is higher than its                                AGENCY                                                             Information (CBI) or other information
                                                  emissions budget for the control period                                                                                                   whose disclosure is restricted by statute.
                                                                                                                         40 CFR Part 435                                                    Multimedia submissions (audio, video,
                                                  in 2018 and subsequent years. The
                                                  spreadsheet also contains the data used                                [EPA–HQ–OW–2016–0598; FRL–9953–26–                                 etc.) must be accompanied by a written
                                                  to compute the allocations and                                         OW]                                                                comment. The written comment is
                                                  describes how the computations are                                                                                                        considered the official comment and
                                                                                                                         RIN 2040–AF68
                                                  performed. The EPA is not requesting                                                                                                      should include discussion of all points
                                                  comment on the allocations, underlying                                 Effluent Limitations Guidelines and                                you wish to make. EPA will generally
                                                  data, or allocation methodology.                                       Standards for the Oil and Gas                                      not consider comments or comment
                                                     The EPA notes that an allocation or                                 Extraction Point Source Category—                                  contents located outside of the primary
                                                  lack of allocation of emission                                         Implementation Date Extension                                      submission (i.e. on the web, cloud, or
                                                  allowances to a given EGU does not                                                                                                        other file sharing system). For
                                                  constitute a determination that CSAPR                                  AGENCY: Environmental Protection                                   additional submission methods, the full
                                                  does or does not apply to the EGU.5 The                                Agency (EPA).                                                      EPA public comment policy,
                                                  EPA also notes that allocations are                                    ACTION: Direct final rule.                                         information about CBI or multimedia
                                                  subject to potential correction under the                                                                                                 submissions, and general guidance on
                                                                                                                         SUMMARY:    The Environmental Protection                           making effective comments, please visit
                                                  rule.6
                                                     In accordance with the allowance                                    Agency (EPA) is taking direct final                                https://www.epa.gov/dockets/
                                                  recordation deadlines set forth in the                                 action to extend the implementation                                commenting-epa-dockets.
                                                  regulations, the EPA will record                                       deadline for certain facilities subject to
                                                                                                                         the final rule establishing pretreatment                           FOR FURTHER INFORMATION CONTACT: For
                                                  allocations of CSAPR NOX Ozone                                                                                                            more information, see EPA’s Web site:
                                                  Season Group 2 allowances to existing                                  standards under the Clean Water Act
                                                                                                                         (CWA) for discharges of pollutants into                            https://www.epa.gov/eg/
                                                  units for the 2017 control period by                                                                                                      unconventional-oil-and-gas-extraction-
                                                  January 3, 2017 (the first business day                                publicly owned treatment works
                                                                                                                         (POTWs) from onshore unconventional                                effluent-guidelines. For technical
                                                  after January 1, 2017).7 The EPA will                                                                                                     information, contact Karen Milam,
                                                  also record allocations for the 2018                                   oil and gas (UOG) extraction facilities
                                                                                                                         (81 FR 41845; June 28, 2016). EPA is                               Engineering and Analysis Division
                                                  control period by that same date except                                                                                                   (4303T), Office of Water, Environmental
                                                  in instances where a state has provided                                making this revision in response to new
                                                                                                                         information suggesting that there are                              Protection Agency, 1200 Pennsylvania
                                                  the EPA with timely notice of the state’s
                                                                                                                         likely facilities subject to the final rule                        Ave. NW., Washington, DC 20460–0001;
                                                  intent to submit a SIP revision with
                                                                                                                         not presently meeting the zero discharge                           telephone: 202–566–1915; email:
                                                  state-determined allowance allocations
                                                                                                                         requirements in the final rule.                                    milam.karen@epa.gov.
                                                  replacing the EPA’s default allocations
                                                  for the 2018 control period.8                                          DATES: This direct final rule is effective                         SUPPLEMENTARY INFORMATION:
                                                     For units commencing commercial                                     on November 29, 2016 without further
                                                                                                                                                                                            I. Does this action apply to me?
                                                  operation on or after January 1, 2015,                                 notice, unless EPA receives adverse
                                                  termed ‘‘new’’ units for purposes of the                               comment by October 31, 2016. If EPA                                   Entities potentially regulated by this
                                                  CSAPR NOX Ozone Season Group 2                                         receives adverse comment, we will                                  final action include:

                                                                                                                                                                                                                          North American Industry
                                                                       Category                                                                Example of regulated entity                                                 Classification System
                                                                                                                                                                                                                               (NAICS) code

                                                  Industry ................................................   Crude Petroleum and Natural Gas Extraction ..................................................                               211111
                                                  Industry ................................................   Natural Gas Liquid Extraction ...........................................................................                   211112
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  II. Why is EPA issuing a direct final                                  because we view this as a                                          deadline for existing onshore UOG
                                                  rule?                                                                  noncontroversial action and anticipate                             extraction facilities that were
                                                                                                                         no adverse comment. This direct final                              discharging to POTWs on or between
                                                    EPA is publishing this direct final                                  rule merely extends the implementation                             the date of the Federal Register Notice
                                                  rule without a prior proposed rule
                                                    5 See   40 CFR 97.811(a)(1).                                           7 See   40 CFR 97.821(a).                                          9 See   40 CFR 97.812.
                                                    6 See   40 CFR 97.811(c).                                              8 See   40 CFR 52.38(b)(7) and 97.821(b).



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Document Created: 2018-02-09 13:33:39
Document Modified: 2018-02-09 13:33:39
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; notice of data availability (NODA).
DatesSeptember 30, 2016.
ContactQuestions concerning this notice
FR Citation81 FR 67190 

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