81_FR_89272 81 FR 89035 - Allocations of Cross-State Air Pollution Rule Allowances From New Unit Set-Asides for 2016 Control Periods

81 FR 89035 - 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 237 (December 9, 2016)

Page Range89035-89036
FR Document2016-29441

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 CSAPR emissions trading programs are reserved for allocation to electricity generating units that commenced commercial operation on or after a certain date (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 the CSAPR trading programs, as well as the second round of allocations for the CSAPR NO<INF>X</INF> Ozone Season Trading Program, and is now making available preliminary lists of units eligible for allocations in the second round of the NUSA allocation process for the CSAPR NO<INF>X</INF> Annual, SO<INF>2</INF> Group 1, and SO<INF>2</INF> Group 2 Trading Programs. EPA has posted spreadsheets containing the preliminary lists on EPA's Web site. EPA will consider timely objections to the lists of eligible units contained in the spreadsheets and will promulgate a document responding to any such objections no later than February 15, 2017, the deadline for recording the second- round allocations of CSAPR NO<INF>X</INF> Annual, SO<INF>2</INF> Group 1, and SO<INF>2</INF> Group 2 allowances in sources' compliance accounts. This document may concern CSAPR-affected units in the following states: Alabama, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Maryland, Michigan, Minnesota, Missouri, Nebraska, New Jersey, New York, North Carolina, Ohio, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, West Virginia, and Wisconsin.

Federal Register, Volume 81 Issue 237 (Friday, December 9, 2016)
[Federal Register Volume 81, Number 237 (Friday, December 9, 2016)]
[Proposed Rules]
[Pages 89035-89036]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29441]



[[Page 89035]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 97

[FRL-9956-22-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 CSAPR emissions trading programs are reserved for allocation to 
electricity generating units that commenced commercial operation on or 
after a certain date (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 the CSAPR 
trading programs, as well as the second round of allocations for the 
CSAPR NOX Ozone Season Trading Program, 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 Annual, SO2 Group 1, and SO2 Group 
2 Trading Programs. EPA has posted spreadsheets containing the 
preliminary lists on EPA's Web site. EPA will consider timely 
objections to the lists of eligible units contained in the spreadsheets 
and will promulgate a document responding to any such objections no 
later than February 15, 2017, the deadline for recording the second-
round allocations of CSAPR NOX Annual, SO2 Group 
1, and SO2 Group 2 allowances in sources' compliance 
accounts. This document may concern CSAPR-affected units in the 
following states: Alabama, Georgia, Illinois, Indiana, Iowa, Kansas, 
Kentucky, Maryland, Michigan, Minnesota, Missouri, Nebraska, New 
Jersey, New York, North Carolina, Ohio, Pennsylvania, South Carolina, 
Tennessee, Texas, Virginia, West Virginia, and Wisconsin.

DATES: Objections to the information referenced in this document must 
be received on or before January 9, 2017.

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 for 
purposes of the original four \1\ CSAPR trading programs--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 document.\2\
---------------------------------------------------------------------------

    \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 ozone season program will be renamed the 
CSAPR NOX Ozone Season Group 1 Trading Program.) The 2016 
allowance allocations described in this document concern the CSAPR 
annual trading programs and are not affected by the CSAPR Update 
Rule.
    \2\ The latest spreadsheet of CSAPR FIP allowance allocations to 
existing units covered by CSAPR NOX Annual, 
SO2 Group 1, and SO2 Group 2 Trading Programs, 
updated in 2014 to reflect changes to CSAPR's implementation 
schedule but with allocation amounts unchanged since June 2012, is 
available at https://www.epa.gov/csapr/date-change-affirmation-rules-cross-state-air-pollution-rule-csapr under the ``Notice of 
Data Availability'' header. 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 for purposes of the original four CSAPR trading 
programs--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) \3\ 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.
---------------------------------------------------------------------------

    \3\ 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 the CSAPR trading programs, as well as the 
second round of 2016 NUSA allocations to units subject to the CSAPR 
Ozone Season Trading Program, as announced in documents previously 
published in the Federal Register.\4\ The first and second-round NUSA 
allocation process was discussed in those previous documents. This 
document concerns the second round of NUSA allowance allocations for 
the CSAPR NOx Annual, SO2 Group 1, and SO2 Group 
2 Trading Programs for the 2016 control period.\5\
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    \4\ 81 FR 33636 (May 27, 2016); 81 FR 50630 (August 2, 2016); 81 
FR 63156 (September 14, 2016); 81 FR 80593 (November 16, 2016).
    \5\ 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 Annual, SO2 Group 1, and SO2 
Group 2 Trading Programs are defined in Sec. Sec.  97.411(b)(1)(iii) 
and 97.412(a)(9)(i), 97.611(b)(1)(iii) and 97.612(a)(9)(i), and 
97.711(b)(1)(iii) and 97.712(a)(9)(i), respectively. Generally, 
eligible units include any CSAPR-affected unit that commenced 
commercial operation between January 1 of the year before the control 
period in question and November 30 of the year of the control period in 
question. In the case of the

[[Page 89036]]

2016 control period, an eligible unit therefore must have commenced 
commercial operation between January 1, 2015 and November 30, 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.\6\ The amounts 
of CSAPR NOX Annual, SO2 Group 1, and 
SO2 Group 2 NUSA allowances may be increased in certain 
circumstances as set forth in Sec. Sec.  97.412(a)(2), 97.612(a)(2), 
and 97.712(a)(2), respectively.
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    \6\ 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 allocations of CSAPR NOX 
Annual, SO2 Group 1, and SO2 Group 2 allowances 
to eligible new units from each NUSA are calculated according to the 
procedures set forth in Sec. Sec.  97.412(a)(9), (10) and (12), 
97.612(a)(9), (10), and (12), and 97.712(a)(9), (10), and (12), 
respectively. 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 annual 
control periods (i.e., January 1, 2016 through December 31, 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 Annual, 
SO2 Group 1, or SO2 Group 2 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. Sec.  97.412(a)(10) and 
(12), 97.612(a)(10) and (12), and 97.712(a)(10) and (12), respectively.
    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.\7\
---------------------------------------------------------------------------

    \7\ See 40 CFR 97.411(c), 97.611(c), and 97.711(c).
---------------------------------------------------------------------------

    The preliminary lists of units eligible for second-round 2016 NUSA 
allowance allocations for the three CSAPR annual trading programs are 
set forth in Excel spreadsheets titled 
``CSAPR_NUSA_2016_NOX_Annual_2nd_Round_Prelim_Data,'' 
``CSAPR_NUSA_2016_SO2_Group_1_2nd_Round_Prelim_Data,'' and 
``CSAPR_NUSA_2016_SO2_Group_2_2nd_Round_Prelim_Data'' 
available on EPA's Web site at https://www.epa.gov/csapr/csapr-compliance-year-2016-nusa-nodas. Each 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 
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 Annual, SO2 Group 1, and 
SO2 Group 2 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 document.

    Authority: 40 CFR 97.411(b), 97.611(b), and 97.711(b).

    Dated: December 1, 2016.
Reid P. Harvey,
Director, Clean Air Markets Division, Office of Atmospheric Programs, 
Office of Air and Radiation.
[FR Doc. 2016-29441 Filed 12-8-16; 8:45 am]
BILLING CODE 6560-50-P



                                                                           Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Proposed Rules                                                    89035

                                                    ENVIRONMENTAL PROTECTION                                DATES:   Objections to the information                  allowance allocations do not have pre-
                                                    AGENCY                                                  referenced in this document must be                     established allowance allocations.
                                                                                                            received on or before January 9, 2017.                  Instead, the CSAPR FIPs reserve a
                                                    40 CFR Part 97                                          ADDRESSES: Submit your objections via                   portion of each state’s total annual
                                                    [FRL–9956–22–OAR]                                       email to CSAPR_NUSA@epa.gov.                            emissions budget for each CSAPR
                                                                                                            Include ‘‘2016 NUSA allocations’’ in the                emissions trading program as a new unit
                                                    Allocations of Cross-State Air                          email subject line and include your                     set-aside (NUSA) 3 and establish an
                                                    Pollution Rule Allowances From New                      name, title, affiliation, address, phone                annual process for allocating NUSA
                                                    Unit Set-Asides for 2016 Control                        number, and email address in the body                   allowances to eligible units. States with
                                                    Periods                                                 of the email.                                           Indian country within their borders
                                                                                                            FOR FURTHER INFORMATION CONTACT:                        have separate Indian country NUSAs.
                                                    AGENCY: Environmental Protection                                                                                The annual process for allocating
                                                    Agency (EPA).                                           Questions concerning this action should
                                                                                                            be addressed to Robert Miller at (202)                  allowances from the NUSAs and Indian
                                                    ACTION: Notice of data availability                                                                             country NUSAs to eligible units is set
                                                                                                            343–9077 or miller.robertL@epa.gov or
                                                    (NODA).                                                 Kenon Smith at (202) 343–9164 or                        forth in the CSAPR regulations at 40
                                                                                                            smith.kenon@epa.gov.                                    CFR 97.411(b) and 97.412 (NOX Annual
                                                    SUMMARY:    The Environmental Protection
                                                                                                            SUPPLEMENTARY INFORMATION: Under the
                                                                                                                                                                    Trading Program), 97.511(b) and 97.512
                                                    Agency (EPA) is providing notice of the
                                                                                                            CSAPR FIPs, the mechanisms by which                     (NOX Ozone Season Trading Program),
                                                    availability of preliminary lists of units
                                                                                                            initial allocations of emission                         97.611(b) and 97.612 (SO2 Group 1
                                                    eligible for allocations of emission
                                                                                                            allowances are determined differ for                    Trading Program), and 97.711(b) and
                                                    allowances under the Cross-State Air
                                                                                                            ‘‘existing’’ and ‘‘new’’ units. For                     97.712 (SO2 Group 2 Trading Program).
                                                    Pollution Rule (CSAPR). Under the
                                                                                                            ‘‘existing’’ units—that is, units                       Each NUSA allowance allocation
                                                    CSAPR federal implementation plans
                                                                                                            commencing commercial operation                         process involves up to two rounds of
                                                    (FIPs), portions of each covered state’s
                                                                                                            before January 1, 2010 for purposes of                  allocations to new units followed by the
                                                    annual emissions budgets for each of the
                                                                                                            the original four 1 CSAPR trading                       allocation to existing units of any
                                                    CSAPR emissions trading programs are
                                                                                                            programs—the specific amounts of                        allowances not allocated to new units.
                                                    reserved for allocation to electricity
                                                                                                            CSAPR FIP allowance allocations for all                 EPA provides public notice at certain
                                                    generating units that commenced
                                                                                                            control periods have been established                   points in the process.
                                                    commercial operation on or after a                                                                                 EPA has already completed the first
                                                    certain date (new units) and certain                    through rulemaking. EPA has
                                                                                                                                                                    round of allocations of 2016 NUSA
                                                    other units not otherwise obtaining                     announced the availability of
                                                                                                                                                                    allowances for all the CSAPR trading
                                                    allowance allocations under the FIPs.                   spreadsheets showing the CSAPR FIP
                                                                                                                                                                    programs, as well as the second round
                                                    The quantities of allowances allocated                  allowance allocations to existing units
                                                                                                                                                                    of 2016 NUSA allocations to units
                                                    to eligible units from each new unit set-               in previous document.2
                                                                                                               ‘‘New’’ units—that is, units                         subject to the CSAPR Ozone Season
                                                    aside (NUSA) under the FIPs are                                                                                 Trading Program, as announced in
                                                    calculated in an annual one- or two-                    commencing commercial operation on
                                                                                                            or after January 1, 2010 for purposes of                documents previously published in the
                                                    round allocation process. EPA                                                                                   Federal Register.4 The first and second-
                                                    previously completed the first round of                 the original four CSAPR trading
                                                                                                            programs—as well as certain older units                 round NUSA allocation process was
                                                    NUSA allowance allocations for the                                                                              discussed in those previous documents.
                                                    2016 control periods for all the CSAPR                  that would not otherwise obtain FIP
                                                                                                                                                                    This document concerns the second
                                                    trading programs, as well as the second                                                                         round of NUSA allowance allocations
                                                                                                               1 In the recently finalized Cross-State Air
                                                    round of allocations for the CSAPR NOX                                                                          for the CSAPR NOx Annual, SO2 Group
                                                                                                            Pollution Rule Update for the 2008 Ozone NAAQS
                                                    Ozone Season Trading Program, and is                    (CSAPR Update Rule), 81 FR 74504 (October 26,           1, and SO2 Group 2 Trading Programs
                                                    now making available preliminary lists                  2016), EPA is establishing new or modified FIP          for the 2016 control period.5
                                                    of units eligible for allocations in the                requirements for EGUs in 22 states to address              The units eligible to receive second-
                                                    second round of the NUSA allocation                     transported pollution with regard to the 2008 ozone
                                                                                                            NAAQS, including requirements to participate in a       round NUSA allocations for the CSAPR
                                                    process for the CSAPR NOX Annual,                       new fifth CSAPR trading program—the CSAPR NOX           NOX Annual, SO2 Group 1, and SO2
                                                    SO2 Group 1, and SO2 Group 2 Trading                    Ozone Season Group 2 Trading Program—for                Group 2 Trading Programs are defined
                                                    Programs. EPA has posted spreadsheets                   emissions occurring in 2017 and later years. In the     in §§ 97.411(b)(1)(iii) and 97.412(a)(9)(i),
                                                    containing the preliminary lists on                     same rule, EPA is also withdrawing the FIP
                                                                                                            provisions requiring EGUs in 24 states to participate   97.611(b)(1)(iii) and 97.612(a)(9)(i), and
                                                    EPA’s Web site. EPA will consider                       in the existing trading program addressing              97.711(b)(1)(iii) and 97.712(a)(9)(i),
                                                    timely objections to the lists of eligible              transported pollution with regard to the 1997 ozone     respectively. Generally, eligible units
                                                    units contained in the spreadsheets and                 NAAQS for emissions occurring after 2016. (When         include any CSAPR-affected unit that
                                                    will promulgate a document responding                   the CSAPR Update rule takes effect in December
                                                                                                            2016, the existing ozone season program will be
                                                                                                                                                                    commenced commercial operation
                                                    to any such objections no later than                    renamed the CSAPR NOX Ozone Season Group 1              between January 1 of the year before the
                                                    February 15, 2017, the deadline for                     Trading Program.) The 2016 allowance allocations        control period in question and
                                                    recording the second-round allocations                  described in this document concern the CSAPR            November 30 of the year of the control
                                                    of CSAPR NOX Annual, SO2 Group 1,                       annual trading programs and are not affected by the
                                                                                                            CSAPR Update Rule.
                                                                                                                                                                    period in question. In the case of the
                                                    and SO2 Group 2 allowances in sources’                     2 The latest spreadsheet of CSAPR FIP allowance
                                                    compliance accounts. This document                      allocations to existing units covered by CSAPR NOX         3 The NUSA amounts range from two percent to

                                                    may concern CSAPR-affected units in                     Annual, SO2 Group 1, and SO2 Group 2 Trading            eight percent of the respective state budgets. The
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                                                                            Programs, updated in 2014 to reflect changes to         variation in percentages reflects differences among
                                                    the following states: Alabama, Georgia,                                                                         states in the quantities of emission allowances
                                                                                                            CSAPR’s implementation schedule but with
                                                    Illinois, Indiana, Iowa, Kansas,                        allocation amounts unchanged since June 2012, is        projected to be required by known new units at the
                                                    Kentucky, Maryland, Michigan,                           available at https://www.epa.gov/csapr/date-            time the budgets were set or amended.
                                                    Minnesota, Missouri, Nebraska, New                      change-affirmation-rules-cross-state-air-pollution-        4 81 FR 33636 (May 27, 2016); 81 FR 50630

                                                    Jersey, New York, North Carolina, Ohio,                 rule-csapr under the ‘‘Notice of Data Availability’’    (August 2, 2016); 81 FR 63156 (September 14,
                                                                                                            header. See Availability of Data on Allocations of      2016); 81 FR 80593 (November 16, 2016).
                                                    Pennsylvania, South Carolina,                           Cross-State Air Pollution Rule Allowances to               5 At this time, EPA is not aware of any unit
                                                    Tennessee, Texas, Virginia, West                        Existing Electricity Generating Units, 79 FR 71674      eligible for a second-round allocation from any
                                                    Virginia, and Wisconsin.                                (December 3, 2014).                                     Indian country NUSA.



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                                                    89036                  Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Proposed Rules

                                                    2016 control period, an eligible unit                   are subject to potential correction if a                ENVIRONMENTAL PROTECTION
                                                    therefore must have commenced                           unit to which NUSA allowances have                      AGENCY
                                                    commercial operation between January                    been allocated for a given control period
                                                    1, 2015 and November 30, 2016                           is not actually an affected unit as of the              40 CFR Part 180
                                                    (inclusive).                                            start of that control period.7                          [EPA–HQ–OPP–2014–0008; FRL–9953–69]
                                                       The total quantity of allowances to be
                                                    allocated through the 2016 NUSA                            The preliminary lists of units eligible
                                                                                                            for second-round 2016 NUSA allowance                    Receipt of Several Pesticide Petitions
                                                    allowance allocation process for each                                                                           Filed for Residues of Pesticide
                                                    state and emissions trading program—in                  allocations for the three CSAPR annual
                                                                                                                                                                    Chemicals in or on Various
                                                    the two rounds of the allocation process                trading programs are set forth in Excel
                                                                                                                                                                    Commodities
                                                    combined—is generally the state’s 2016                  spreadsheets titled ‘‘CSAPR_NUSA_
                                                    emissions budget less the sum of (1) the                2016_NOX_Annual_2nd_Round_                              AGENCY:  Environmental Protection
                                                    total of the 2016 CSAPR FIP allowance                   Prelim_Data,’’ ‘‘CSAPR_NUSA_2016_                       Agency (EPA).
                                                    allocations to existing units and (2) the               SO2_Group_1_2nd_Round_Prelim_                           ACTION: Notice of filing of petitions and
                                                    amount of the 2016 Indian country                       Data,’’ and ‘‘CSAPR_NUSA_2016_SO2_                      request for comment.
                                                    NUSA, if any.6 The amounts of CSAPR                     Group_2_2nd_Round_Prelim_Data’’
                                                    NOX Annual, SO2 Group 1, and SO2                        available on EPA’s Web site at https://                 SUMMARY:   This document announces the
                                                    Group 2 NUSA allowances may be                          www.epa.gov/csapr/csapr-compliance-                     Agency’s receipt of several initial filings
                                                    increased in certain circumstances as set                                                                       of pesticide petitions requesting the
                                                                                                            year-2016-nusa-nodas. Each
                                                    forth in §§ 97.412(a)(2), 97.612(a)(2),                                                                         establishment or modification of
                                                                                                            spreadsheet contains a separate
                                                    and 97.712(a)(2), respectively.                                                                                 regulations for residues of pesticide
                                                                                                            worksheet for each state covered by that                chemicals in or on various commodities.
                                                       Second-round NUSA allocations for a                  program showing each unit
                                                    given state, trading program, and control                                                                       DATES: Comments must be received on
                                                                                                            preliminarily identified as eligible for a
                                                    period are made only if the NUSA                                                                                or before January 9, 2017.
                                                                                                            second-round NUSA allocation.
                                                    contains allowances after completion of                                                                         ADDRESSES: Submit your comments,
                                                    the first-round allocations.                               Each state worksheet also contains a                 identified by docket identification (ID)
                                                       The amounts of second-round                          summary showing (1) the quantity of                     number and the pesticide petition
                                                    allocations of CSAPR NOX Annual, SO2                    allowances initially available in that                  number (PP) of interest as shown in the
                                                    Group 1, and SO2 Group 2 allowances                     state’s 2016 NUSA, (2) the sum of the                   body of this document, by one of the
                                                    to eligible new units from each NUSA                    2016 NUSA allowance allocations that                    following methods:
                                                    are calculated according to the                         were made in the first-round to new                        • Federal eRulemaking Portal: http://
                                                    procedures set forth in §§ 97.412(a)(9),                units in that state (if any), and (3) the               www.regulations.gov. Follow the online
                                                    (10) and (12), 97.612(a)(9), (10), and                  quantity of allowances in the 2016                      instructions for submitting comments.
                                                    (12), and 97.712(a)(9), (10), and (12),                 NUSA available for distribution in                      Do not submit electronically any
                                                    respectively. Generally, the procedures                 second-round allocations to new units                   information you consider to be
                                                    call for each eligible unit to receive a                (or ultimately for allocation to existing               Confidential Business Information (CBI)
                                                    second-round 2016 NUSA allocation                                                                               or other information whose disclosure is
                                                                                                            units).
                                                    equal to the positive difference, if any,                                                                       restricted by statute.
                                                    between its emissions during the 2016                      Objections should be strictly limited                   • Mail: OPP Docket, Environmental
                                                    annual control periods (i.e., January 1,                to whether EPA has correctly identified                 Protection Agency Docket Center (EPA/
                                                    2016 through December 31, 2016) as                      the new units eligible for second-round                 DC), (28221T), 1200 Pennsylvania Ave.
                                                    reported under 40 CFR part 75 and any                   2016 NUSA allocations of CSAPR NOX                      NW., Washington, DC 20460–0001.
                                                    first-round allocation the unit received,               Annual, SO2 Group 1, and SO2 Group 2                       • Hand Delivery: To make special
                                                    unless the total of such allocations to all             allowances according to the criteria                    arrangements for hand delivery or
                                                    eligible units would exceed the amount                  described above and should be emailed                   delivery of boxed information, please
                                                    of allowances in the NUSA, in which                     to the address identified in ADDRESSES.                 follow the instructions at http://
                                                    case the allocations are reduced on a                   Objections must include: (1) Precise                    www.epa.gov/dockets/contacts.html.
                                                    pro-rata basis.                                         identification of the specific data the                    Additional instructions on
                                                       Any allowances remaining in the                      commenter believes are inaccurate, (2)                  commenting or visiting the docket,
                                                    CSAPR NOX Annual, SO2 Group 1, or                       new proposed data upon which the                        along with more information about
                                                    SO2 Group 2 NUSA for a given state and                  commenter believes EPA should rely                      dockets generally, is available at http://
                                                    control period after the second round of                instead, and (3) the reasons why EPA                    www.epa.gov/dockets.
                                                    NUSA allocations to new units will be                                                                           FOR FURTHER INFORMATION CONTACT:
                                                                                                            should rely on the commenter’s
                                                    allocated to the existing units in the                                                                          Michael L. Goodis, P.E., Registration
                                                                                                            proposed data and not the data
                                                    state according to the procedures set                                                                           Division (7505P), Office of Pesticide
                                                    forth in §§ 97.412(a)(10) and (12),                     referenced in this document.
                                                                                                                                                                    Programs, Environmental Protection
                                                    97.612(a)(10) and (12), and 97.712(a)(10)                 Authority: 40 CFR 97.411(b), 97.611(b),
                                                                                                                                                                    Agency, 1200 Pennsylvania Ave. NW.,
                                                    and (12), respectively.                                 and 97.711(b).
                                                                                                                                                                    Washington, DC 20460–0001; main
                                                       EPA notes that an allocation or lack                    Dated: December 1, 2016.                             telephone number: (703) 305–7090;
                                                    of allocation of allowances to a given
                                                                                                            Reid P. Harvey,                                         email address: RDFRNotices@epa.gov.
                                                    EGU does not constitute a determination
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                                                                            Director, Clean Air Markets Division, Office            SUPPLEMENTARY INFORMATION:
                                                    that CSAPR does or does not apply to
                                                    the EGU. EPA also notes that allocations                of Atmospheric Programs, Office of Air and
                                                                                                                                                                    I. General Information
                                                                                                            Radiation.
                                                      6 The quantities of allowances to be allocated        [FR Doc. 2016–29441 Filed 12–8–16; 8:45 am]             A. Does this action apply to me?
                                                    through the NUSA allowance allocation process           BILLING CODE 6560–50–P                                    You may be potentially affected by
                                                    may differ slightly from the NUSA amounts set
                                                    forth in §§ 97.410(a), 97.510(a), 97.610(a), and
                                                                                                                                                                    this action if you are an agricultural
                                                    97.710(a) because of rounding in the spreadsheet of                                                             producer, food manufacturer, or
                                                    CSAPR FIP allowance allocations to existing units.        7 See   40 CFR 97.411(c), 97.611(c), and 97.711(c).   pesticide manufacturer. The following


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Document Created: 2018-02-14 09:03:30
Document Modified: 2018-02-14 09:03:30
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of data availability (NODA).
DatesObjections to the information referenced in this document must be received on or before January 9, 2017.
ContactQuestions concerning this action
FR Citation81 FR 89035 

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