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)
Federal Register Volume 81, Issue 190 (September 30, 2016)
| Page Range | 67190-67191 | |
| FR Document | 2016-23434 |
[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] ----------------------------------------------------------------------- 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 cohen.michael@epa.gov; or Robert Miller, at (202) 343-9077 or miller.robertl@epa.gov. 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. --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \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). --------------------------------------------------------------------------- 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\ --------------------------------------------------------------------------- \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\ --------------------------------------------------------------------------- \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
| 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 | September 30, 2016. | |
| Contact | Questions concerning this notice | |
| FR Citation | 81 FR 67190 |
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