81 FR 80593 - Allocations of Cross-State Air Pollution Rule Allowances From New Unit Set-Asides for the 2016 Compliance Year
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 221 (November 16, 2016)
Federal Register Volume 81, Issue 221 (November 16, 2016)
| Page Range | 80593-80593 | |
| FR Document | 2016-27541 |
[Federal Register Volume 81, Number 221 (Wednesday, November 16, 2016)] [Rules and Regulations] [Page 80593] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-27541] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 97 [FRL-9955-23-OAR] Allocations of Cross-State Air Pollution Rule Allowances From New Unit Set-Asides for the 2016 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). EPA has completed final calculations for the second round of NUSA allowance allocations for the 2016 compliance year of the CSAPR NOX Ozone Season Trading Program. EPA has posted spreadsheets showing the second-round 2016 NUSA allocations of CSAPR NOX Ozone Season allowances to new units as well as the allocations to existing units of the remaining CSAPR NOX Ozone Season allowances not allocated to new units in either round of the 2016 NUSA allocation process. EPA will record the allocated CSAPR NOX Ozone Season allowances in sources' Allowance Management System (AMS) accounts by November 15, 2016. DATES: November 16, 2016. 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 trading programs \1\ is reserved as a NUSA from which allowances are allocated to eligible units through an annual one- or two-round process. EPA has described the CSAPR NUSA allocation process in three NODAs previously published this year in the Federal Register (81 FR 33636 May 27, 2016; 81 FR 50630 August 2, 2016; 81 FR 63156 September 14, 2016). In the most recent of these previous NODAs, EPA provided notice of preliminary lists of new units eligible for second-round 2016 NUSA allocations of CSAPR NOX Ozone Season allowances and provided an opportunity for the public to submit objections. --------------------------------------------------------------------------- \1\ In the recently finalized Cross-State Air Pollution Rule Update for the 2008 Ozone NAAQS (CSAPR Update Rule), 81 FR 74504 (October 26, 2016), EPA is establishing new or modified FIP requirements for EGUs in 22 states to address transported pollution with regard to the 2008 ozone NAAQS, including requirements to participate in a new fifth CSAPR trading program--the CSAPR NOX Ozone Season Group 2 Trading Program--for emissions occurring in 2017 and later years. In the same rule, EPA is also withdrawing the FIP provisions requiring EGUs in 24 states to participate in the existing trading program addressing transported pollution with regard to the 1997 ozone NAAQS for emissions occurring after 2016. (When the CSAPR Update rule takes effect in December 2016, the existing program will be renamed the CSAPR NOX Ozone Season Group 1 Trading Program.) The 2016 allowance allocations described in this notice concern the existing program and are not affected by the CSAPR Update Rule. --------------------------------------------------------------------------- EPA received no objections to the preliminary lists of new units eligible for second-round 2016 NUSA allocations of CSAPR NOX Ozone Season allowances whose availability was announced in the September 14 NODA. EPA is therefore making second-round 2016 NUSA allocations of CSAPR NOX Ozone Season allowances to the new units identified on these lists in accordance with the procedures set forth in 40 CFR 97.512(a)(9) and (12). As described in the September 14 NODA, 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 are to be allocated to the existing units in the state according to the procedures set forth in 40 CFR 97.512(a)(10) and (12). EPA has determined that CSAPR NOX Ozone Season allowances do remain in the NUSAs for a number of states following completion of second- round 2016 NUSA allocations; accordingly, EPA is allocating these allowances to existing units. The NUSA allowances are generally allocated to the existing units in proportion to the allocations previously made to the existing units under 40 CFR 97.511(a)(1), adjusted for rounding. Under 40 CFR 97.512(b)(10), any allowances remaining in the CSAPR NOX Ozone Season Indian country NUSA for a given state and control period after the second round of Indian country NUSA allocations to new units are added to the NUSA for that state or are made available for allocation by the state pursuant to an approved SIP revision. No new units eligible for allocations of CSAPR NOX Ozone Season allowances from any 2016 Indian country NUSA have been identified, and no state has an approved SIP revision governing allocation of 2016 CSAPR NOX Ozone Season allowances. The Indian country NUSA allowances are therefore being added to the NUSAs for the respective states and are included in the pools of allowances that are being allocated to existing units under 40 CFR 97.512(10) and (12). The final unit-by-unit data and allowance allocation calculations are set forth in Excel spreadsheets titled ``CSAPR_NUSA_2016_NOx_OS_2nd_Round_Final_Data_New_Units'', and ``CSAPR_NUSA_2016_NOx_OS_2nd_Round_Final_Data_Existing_Units'', available on EPA's Web site at https://www3.epa.gov/airtransport/CSAPR/actions.html. Pursuant to CSAPR's allowance recordation timing requirements, the allocated NUSA allowances will be recorded in sources' AMS accounts by November 15, 2016. 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 of CSAPR NOX Ozone Season allowances 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 May 1 of the compliance year.\2\ --------------------------------------------------------------------------- \2\ See 40 CFR 97.511(c). --------------------------------------------------------------------------- Authority: 40 CFR 97.511(b). Dated: November 2, 2016. Reid P. Harvey, Director, Clean Air Markets Division, Office of Atmospheric Programs, Office of Air and Radiation. [FR Doc. 2016-27541 Filed 11-15-16; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 81, No. 221 / Wednesday, November 16, 2016 / Rules and Regulations 80593
received approximately 95,000 DATES: November 16, 2016. NUSAs for a number of states following
comments on the proposed rule, DEIS, FOR FURTHER INFORMATION CONTACT: completion of second-round 2016
and the draft Regulatory Impact Questions concerning this action should NUSA allocations; accordingly, EPA is
Analysis. be addressed to Robert Miller at (202) allocating these allowances to existing
The FEIS for the Stream Protection 343–9077 or miller.robertl@epa.gov or to units. The NUSA allowances are
Rule analyzes the environmental, Kenon Smith at (202) 343–9164 or generally allocated to the existing units
socioeconomic, and other effects of the smith.kenon@epa.gov. in proportion to the allocations
preferred alternative—Alternative 8, as SUPPLEMENTARY INFORMATION: Under the
previously made to the existing units
revised—and a reasonable range of other CSAPR FIPs, a portion of each state under 40 CFR 97.511(a)(1), adjusted for
alternatives, including a No Action budget for each of the four CSAPR rounding.
Alternative. The FEIS, including Under 40 CFR 97.512(b)(10), any
trading programs 1 is reserved as a
Alternative 8, has been revised, as allowances remaining in the CSAPR
NUSA from which allowances are
appropriate, in response to comments NOX Ozone Season Indian country
allocated to eligible units through an
and other information received on the NUSA for a given state and control
annual one- or two-round process. EPA
DEIS, proposed rule, and draft period after the second round of Indian
has described the CSAPR NUSA
Regulatory Impact Analysis. It also country NUSA allocations to new units
allocation process in three NODAs
includes the input of cooperating are added to the NUSA for that state or
previously published this year in the are made available for allocation by the
agencies. Federal Register (81 FR 33636 May 27, state pursuant to an approved SIP
Authority: 40 CFR 1506.6, 40 CFR 1506.1 2016; 81 FR 50630 August 2, 2016; 81 revision. No new units eligible for
FR 63156 September 14, 2016). In the allocations of CSAPR NOX Ozone
Dated: November 11, 2016. most recent of these previous NODAs,
Sterling Rideout, Season allowances from any 2016
EPA provided notice of preliminary lists Indian country NUSA have been
Assistant Director, Program Support. of new units eligible for second-round identified, and no state has an approved
[FR Doc. 2016–27655 Filed 11–15–16; 8:45 am] 2016 NUSA allocations of CSAPR NOX SIP revision governing allocation of
BILLING CODE 4310–05–P Ozone Season allowances and provided 2016 CSAPR NOX Ozone Season
an opportunity for the public to submit allowances. The Indian country NUSA
objections. allowances are therefore being added to
ENVIRONMENTAL PROTECTION EPA received no objections to the the NUSAs for the respective states and
AGENCY preliminary lists of new units eligible are included in the pools of allowances
for second-round 2016 NUSA that are being allocated to existing units
40 CFR Part 97 allocations of CSAPR NOX Ozone under 40 CFR 97.512(10) and (12).
Season allowances whose availability The final unit-by-unit data and
[FRL–9955–23–OAR]
was announced in the September 14 allowance allocation calculations are set
Allocations of Cross-State Air NODA. EPA is therefore making second- forth in Excel spreadsheets titled
Pollution Rule Allowances From New round 2016 NUSA allocations of CSAPR ‘‘CSAPR_NUSA_2016_NOx_OS_2nd_
Unit Set-Asides for the 2016 NOX Ozone Season allowances to the Round_Final_Data_New_Units’’, and
Compliance Year new units identified on these lists in ‘‘CSAPR_NUSA_2016_NOx_OS_2nd_
accordance with the procedures set Round_Final_Data_Existing_Units’’,
AGENCY: Environmental Protection forth in 40 CFR 97.512(a)(9) and (12). available on EPA’s Web site at https://
Agency (EPA). As described in the September 14 www3.epa.gov/airtransport/CSAPR/
ACTION: Final rule; notice of data NODA, any allowances remaining in the actions.html.
availability (NODA). CSAPR NOX Ozone Season NUSA for a Pursuant to CSAPR’s allowance
given state and control period after the recordation timing requirements, the
SUMMARY: The Environmental Protection second round of NUSA allocations to allocated NUSA allowances will be
Agency (EPA) is providing notice of new units are to be allocated to the recorded in sources’ AMS accounts by
emission allowance allocations to existing units in the state according to November 15, 2016. EPA notes that an
certain units under the new unit set- the procedures set forth in 40 CFR allocation or lack of allocation of
aside (NUSA) provisions of the Cross- 97.512(a)(10) and (12). EPA has allowances to a given unit does not
State Air Pollution Rule (CSAPR) determined that CSAPR NOX Ozone constitute a determination that CSAPR
federal implementation plans (FIPs). Season allowances do remain in the does or does not apply to the unit. EPA
EPA has completed final calculations also notes that NUSA allocations of
for the second round of NUSA 1 In the recently finalized Cross-State Air
CSAPR NOX Ozone Season allowances
allowance allocations for the 2016 Pollution Rule Update for the 2008 Ozone NAAQS
(CSAPR Update Rule), 81 FR 74504 (October 26, are subject to potential correction if a
compliance year of the CSAPR NOX 2016), EPA is establishing new or modified FIP unit to which NUSA allowances have
Ozone Season Trading Program. EPA requirements for EGUs in 22 states to address been allocated for a given compliance
has posted spreadsheets showing the transported pollution with regard to the 2008 ozone
year is not actually an affected unit as
second-round 2016 NUSA allocations of NAAQS, including requirements to participate in a
new fifth CSAPR trading program—the CSAPR NOX of May 1 of the compliance year.2
CSAPR NOX Ozone Season allowances Ozone Season Group 2 Trading Program—for
to new units as well as the allocations Authority: 40 CFR 97.511(b).
emissions occurring in 2017 and later years. In the
to existing units of the remaining same rule, EPA is also withdrawing the FIP Dated: November 2, 2016.
CSAPR NOX Ozone Season allowances provisions requiring EGUs in 24 states to participate Reid P. Harvey,
mstockstill on DSK3G9T082PROD with RULES
in the existing trading program addressing
not allocated to new units in either transported pollution with regard to the 1997 ozone Director, Clean Air Markets Division, Office
round of the 2016 NUSA allocation NAAQS for emissions occurring after 2016. (When of Atmospheric Programs, Office of Air and
process. EPA will record the allocated the CSAPR Update rule takes effect in December Radiation.
CSAPR NOX Ozone Season allowances 2016, the existing program will be renamed the [FR Doc. 2016–27541 Filed 11–15–16; 8:45 am]
CSAPR NOX Ozone Season Group 1 Trading
in sources’ Allowance Management Program.) The 2016 allowance allocations described BILLING CODE 6560–50–P
System (AMS) accounts by November in this notice concern the existing program and are
15, 2016. not affected by the CSAPR Update Rule. 2 See 40 CFR 97.511(c).
VerDate Sep<11>2014 16:03 Nov 15, 2016 Jkt 241001 PO 00000 Frm 00031 Fmt 4700 Sfmt 9990 E:\FR\FM\16NOR1.SGM 16NOR1](https://thefederalregister.org/doc/81_FR_80814/page/1.svg)
Document Created: 2016-11-16 00:57:20
Document Modified: 2016-11-16 00:57:20
| 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 | November 16, 2016. | |
| Contact | Questions concerning this action | |
| FR Citation | 81 FR 80593 |
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