82 FR 10711 - Allocations of Cross-State Air Pollution Rule Allowances From New Unit Set-Asides for the 2016 Compliance Year
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 30 (February 15, 2017)
Federal Register Volume 82, Issue 30 (February 15, 2017)
| Page Range | 10711-10712 | |
| FR Document | 2017-03069 |
[Federal Register Volume 82, Number 30 (Wednesday, February 15, 2017)] [Rules and Regulations] [Pages 10711-10712] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-03069] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 97 [FRL-9959-26-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: 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- [[Page 10712]] 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 Annual, SO2 Group 1, and SO2 Group 2 Trading Programs. EPA has posted spreadsheets showing the second- round 2016 NUSA allocations of CSAPR NOX Annual, SO2 Group 1, and SO2 Group 2 allowances to new units as well as the allocations to existing units of the remaining CSAPR NOX Annual, SO2 Group 1, and SO2 Group 2 allowances not allocated to new units in either round of the 2016 NUSA allocation process. EPA will record the allocated CSAPR NOX Annual, SO2 Group 1, and SO2 Group 2 allowances in sources' Allowance Management System (AMS) accounts by February 15, 2017. DATES: February 15, 2017. FOR FURTHER INFORMATION CONTACT: Questions concerning this action should be addressed to Robert Miller at (202) 343-9077 or [email protected] or to Kenon Smith at (202) 343-9164 or [email protected]. SUPPLEMENTARY INFORMATION: Under the CSAPR FIPs, a portion of each state budget for each of the CSAPR trading programs 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 five NODAs previously published in the Federal Register: 81 FR 33636 (May 27, 2016); 81 FR 50630 (August 2, 2016); 81 FR 63156 (September 14, 2016); 81 FR 80593 (November 16, 2016) and 81 FR 89035 (December 9, 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 Annual, SO2 Group 1, and SO2 Group 2 allowances and provided an opportunity for the public to submit objections. EPA received no objections to the preliminary lists of new units eligible for second-round 2016 NUSA allocations of CSAPR NOX Annual, SO2 Group 1, or SO2 Group 2 allowances whose availability was announced in the December 9 NODA. EPA is therefore making second-round 2016 NUSA allocations of CSAPR NOX Annual, SO2 Group 1, and SO2 Group 2 allowances to the new units identified on these lists in accordance with the procedures set forth in 40 CFR 97.412(a)(9) and (12), 97.612(a)(9) and (12), and 97.712(a)(9) and (12). As described in the December 9 NODA, any allowances remaining in the CSAPR NOX Annual, SO2 Group 1, and SO2 Group 2 NUSAs for a given state and control period after the second round of NUSA allocations to new units is completed are to be allocated to the existing units in the state according to the procedures set forth in 40 CFR 97.412(a)(10) and (12), 97.612(a)(10) and (12), and 97.712(a)(10) and (12). EPA has determined that CSAPR NOX Annual, SO2 Group 1, and SO2 Group 2 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 97.411(a)(1), 97.611(a)(1), and 97.711(a)(1), adjusted for rounding. Under 40 CFR 97.412(b)(10), 97.612(b)(10), and 97.712(b)(10), any allowances remaining in the CSAPR NOX Annual, SO2 Group 1, and SO2 Group 2 Indian country NUSAs 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 Annual, SO2 Group 1, and SO2 Group 2 allowances from any 2016 Indian country NUSA have been identified, and no state has an approved SIP revision governing allocation of 2016 CSAPR NUSA 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 97.412(b)(10) and (12), 97.612(b)(10) and (12), and 97.712(b)(10) and (12). The final unit-by-unit data and allowance allocation calculations are set forth in Excel spreadsheets titled ``CSAPR_NUSA_2016_NOx_Annual_2nd_Round_Final_Data_New_Units'', ``CSAPR_NUSA_2016_SO2_2nd_Round_Final_Data_New_Units'', ``CSAPR_NUSA_2016_NOx_Annual_2nd_Round_Final_Data_Existing_Units'', and ``CSAPR_NUSA_2016_SO2_2nd_Round_Final_Data_Existing_Units'', available on EPA's Web site at https://www.epa.gov/csapr/csapr-compliance-year-2016-nusa-nodas. Pursuant to CSAPR's allowance recordation timing requirements, the allocated NUSA allowances will be recorded in sources' AMS accounts by February 15, 2017. 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 Annual, SO2 Group 1, and SO2 Group 2 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 January 1 of the compliance year.\1\ --------------------------------------------------------------------------- \1\ See 40 CFR 97.411(c), 97.611(c), and 97.711(c). --------------------------------------------------------------------------- Authority: 40 CFR 97.411(b), 97.611(b), and 97.711(b). January 27, 2017. Richard Haeuber, Acting Director, Clean Air Markets Division, Office of Atmospheric Programs, Office of Air and Radiation. [FR Doc. 2017-03069 Filed 2-14-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 30 / Wednesday, February 15, 2017 / Rules and Regulations 10711
J. National Environmental Policy Act ■ 2. Revise § 550.1403 to read as Office of Air Quality Planning and
This rule does not constitute a major follows: Standards, Air Quality Assessment
Federal action significantly affecting the Division, Measurement Technology
§ 550.1403 What is the maximum civil Group (E143–02), Research Triangle
quality of the human environment. A penalty?
detailed statement under the National Park, NC 27711; telephone number:
The maximum civil penalty is (919) 541–1158; fax number: (919) 541–
Environmental Policy Act of 1969 $42,704 per day per violation.
(NEPA) is not required because the rule 0516; email address: garnett.kim@
is covered by a categorical exclusion epa.gov.
PART 553—OIL SPILL FINANCIAL
(see 43 CFR 46.210(i)). As a regulation RESPONSIBILITY FOR OFFSHORE SUPPLEMENTARY INFORMATION: The direct
of an administrative nature, this rule is FACILITIES final rule, ‘‘Revisions to Procedure 2—
covered by a categorical exclusion (see Quality Assurance Requirements for
43 CFR 46.210(i)). Therefore, a detailed ■ 3. The authority citation for part 553 Particulate Matter Continuous Emission
statement under NEPA is not required. continues to read as follows: Monitoring Systems at Stationary
We have also determined that the rule Authority: 33 U.S.C. 2704, 2716; E.O. Sources,’’ published on November 21,
does not involve any of the 12777, as amended. 2016, at 81 FR 83160. We stated in that
extraordinary circumstances listed in 43 direct final rule that if we received
CFR 46.215 that would require further ■ 4. In § 553.51, revise paragraph (a) to
adverse comment by December 21,
analysis under NEPA. read as follows:
2016, the direct final rule would not
K. Effects on the Energy Supply (E.O. § 553.51 What are the penalties for not take effect and we would publish a
13211) complying with this part? timely withdrawal in the Federal
(a) If you fail to comply with the Register. We subsequently received
This rule is not a significant energy adverse comment on that direct final
action under the definition in E.O. financial responsibility requirements of
OPA at 33 U.S.C. 2716 or with the rule requesting that the EPA delete or
13211. Therefore, a Statement of Energy reserve section(s) in the rule that
Effects is not required. requirements of this part, then you may
be liable for a civil penalty of up to conflict with the intended revisions. We
List of Subjects $45,268 per COF per day of violation will address the comment in a
(that is, each day a COF is operated subsequent final action, which will be
30 CFR Part 550
without acceptable evidence of OSFR). based on the parallel proposed rule also
Administrative practice and published on November 21, 2016, at 81
procedure, Continental shelf, * * * * *
[FR Doc. 2017–02983 Filed 2–14–17; 8:45 am] FR 83189. As stated in the direct final
Environmental impact statements, rule and the parallel proposed rule, we
BILLING CODE 4310–MR–P
Environmental protection, Federal will not institute a second comment
lands, Government contracts, period on this action.
Investigations, Mineral resources, Oil
and gas exploration, Outer continental ENVIRONMENTAL PROTECTION List of Subjects in 40 CFR Part 60
shelf, Penalties, Pipelines, Reporting AGENCY Environmental protection,
and recordkeeping requirements, Rights- Administrative practice and procedure,
of-way, Reporting and recordkeeping 40 CFR Part 60
Air pollution control, Continuous
requirements, Sulphur. [EPA–HQ–OAR–2016–0382; FRL–9959–43– emission monitoring systems,
OAR] Particulate matter, Procedures.
30 CFR Part 553
RIN 2060–AT15 Dated: February 8, 2017.
Administrative practice and
procedure, Continental shelf, Financial Sarah Dunham,
Revisions to Procedure 2—Quality Acting Assistant Administrator.
responsibility, Outer continental shelf, Assurance Requirements for
Oil and gas exploration, Oil pollution, Particulate Matter Continuous [FR Doc. 2017–03063 Filed 2–14–17; 8:45 am]
Liability, Limit of liability, Penalties, Emission Monitoring Systems at BILLING CODE 6560–50–P
Pipelines, Reporting and recordkeeping Stationary Sources
requirements, Rights-of-way, Surety
bonds, Treasury securities. AGENCY: Environmental Protection ENVIRONMENTAL PROTECTION
Dated: February 3, 2017. Agency (EPA). AGENCY
Richard T. Cardinale, ACTION: Withdrawal of direct final rule.
40 CFR Part 97
Acting Assistant Secretary—Land and
Minerals Management.
SUMMARY: Because the Environmental [FRL–9959–26–OAR]
Protection Agency (EPA) received an
For the reasons stated in the adverse comment, we are withdrawing Allocations of Cross-State Air
preamble, the BOEM adopts as final the the direct final rule titled, ‘‘Revisions to Pollution Rule Allowances From New
interim final rule amending 30 CFR Procedure 2—Quality Assurance Unit Set-Asides for the 2016
parts 550 and 553, which was published Requirements for Particulate Matter Compliance Year
at 81 FR 43066 on July 1, 2016, as a final Continuous Emission Monitoring
rule with the following changes: Systems at Stationary Sources.’’ AGENCY: Environmental Protection
Agency (EPA).
PART 550—OIL AND GAS AND DATES: Effective February 15, 2017, the
ACTION: Notice of data availability
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SULPHUR OPERATIONS IN THE EPA withdraws the direct final rule
(NODA).
OUTER CONTINENTAL SHELF published at 81 FR 83160, on November
21, 2016. SUMMARY: The Environmental Protection
■ 1. The authority citation for part 550 FOR FURTHER INFORMATION CONTACT: Agency (EPA) is providing notice of
continues to read as follows: Questions concerning this action should emission allowance allocations to
Authority: 30 U.S.C. 1751; 31 U.S.C. 9701; be addressed to Ms. Kimberly Garnett, certain units under the new unit set-
43 U.S.C. 1334. U.S. Environmental Protection Agency, aside (NUSA) provisions of the Cross-
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![10712 Federal Register / Vol. 82, No. 30 / Wednesday, February 15, 2017 / Rules and Regulations
State Air Pollution Rule (CSAPR) CSAPR NOX Annual, SO2 Group 1, and does or does not apply to the unit. EPA
federal implementation plans (FIPs). SO2 Group 2 NUSAs for a given state also notes that NUSA allocations of
EPA has completed final calculations and control period after the second CSAPR NOX Annual, SO2 Group 1, and
for the second round of NUSA round of NUSA allocations to new units SO2 Group 2 allowances are subject to
allowance allocations for the 2016 is completed are to be allocated to the potential correction if a unit to which
compliance year of the CSAPR NOX existing units in the state according to NUSA allowances have been allocated
Annual, SO2 Group 1, and SO2 Group 2 the procedures set forth in 40 CFR for a given compliance year is not
Trading Programs. EPA has posted 97.412(a)(10) and (12), 97.612(a)(10) and actually an affected unit as of January 1
spreadsheets showing the second-round (12), and 97.712(a)(10) and (12). EPA of the compliance year.1
2016 NUSA allocations of CSAPR NOX has determined that CSAPR NOX Authority: 40 CFR 97.411(b), 97.611(b),
Annual, SO2 Group 1, and SO2 Group 2 Annual, SO2 Group 1, and SO2 Group 2 and 97.711(b).
allowances to new units as well as the allowances do remain in the NUSAs for
a number of states following completion January 27, 2017.
allocations to existing units of the
remaining CSAPR NOX Annual, SO2 of second-round 2016 NUSA Richard Haeuber,
Group 1, and SO2 Group 2 allowances allocations; accordingly, EPA is Acting Director, Clean Air Markets Division,
not allocated to new units in either allocating these allowances to existing Office of Atmospheric Programs, Office of
units. The NUSA allowances are Air and Radiation.
round of the 2016 NUSA allocation
generally allocated to the existing units [FR Doc. 2017–03069 Filed 2–14–17; 8:45 am]
process. EPA will record the allocated
CSAPR NOX Annual, SO2 Group 1, and in proportion to the allocations BILLING CODE 6560–50–P
SO2 Group 2 allowances in sources’ previously made to the existing units
Allowance Management System (AMS) under 40 CFR 97.411(a)(1), 97.611(a)(1),
and 97.711(a)(1), adjusted for rounding. ENVIRONMENTAL PROTECTION
accounts by February 15, 2017.
Under 40 CFR 97.412(b)(10), AGENCY
DATES: February 15, 2017.
97.612(b)(10), and 97.712(b)(10), any
FOR FURTHER INFORMATION CONTACT: 40 CFR Part 180
allowances remaining in the CSAPR
Questions concerning this action should NOX Annual, SO2 Group 1, and SO2 [EPA–HQ–OPP–2015–0705; FRL–9957–00]
be addressed to Robert Miller at (202) Group 2 Indian country NUSAs for a
343–9077 or miller.robertl@epa.gov or to given state and control period after the Thiamethoxam; Pesticide Tolerance
Kenon Smith at (202) 343–9164 or second round of Indian country NUSA
smith.kenon@epa.gov. AGENCY: Environmental Protection
allocations to new units are added to the
SUPPLEMENTARY INFORMATION: Under the Agency (EPA).
NUSA for that state or are made
CSAPR FIPs, a portion of each state available for allocation by the state ACTION: Final rule.
budget for each of the CSAPR trading pursuant to an approved SIP revision.
programs is reserved as a NUSA from SUMMARY: This regulation establishes a
No new units eligible for allocations of tolerance for residues of thiamethoxam
which allowances are allocated to CSAPR NOX Annual, SO2 Group 1, and
eligible units through an annual one- or in or on bananas. Syngenta Crop
SO2 Group 2 allowances from any 2016 Protection, LLC requested this tolerance
two-round process. EPA has described Indian country NUSA have been
the CSAPR NUSA allocation process in under the Federal Food, Drug, and
identified, and no state has an approved Cosmetic Act (FFDCA).
five NODAs previously published in the SIP revision governing allocation of
Federal Register: 81 FR 33636 (May 27, DATES: This regulation is effective
2016 CSAPR NUSA allowances. The
2016); 81 FR 50630 (August 2, 2016); 81 Indian country NUSA allowances are February 15, 2017. Objections and
FR 63156 (September 14, 2016); 81 FR therefore being added to the NUSAs for requests for hearings must be received
80593 (November 16, 2016) and 81 FR the respective states and are included in on or before April 17, 2017, and must
89035 (December 9, 2016). In the most the pools of allowances that are being be filed in accordance with the
recent of these previous NODAs, EPA allocated to existing units under 40 CFR instructions provided in 40 CFR part
provided notice of preliminary lists of 97.412(b)(10) and (12), 97.612(b)(10) 178 (see also Unit I.C. of the
new units eligible for second-round and (12), and 97.712(b)(10) and (12). SUPPLEMENTARY INFORMATION).
2016 NUSA allocations of CSAPR NOX The final unit-by-unit data and ADDRESSES: The docket for this action,
Annual, SO2 Group 1, and SO2 Group 2 allowance allocation calculations are set identified by docket identification (ID)
allowances and provided an forth in Excel spreadsheets titled number EPA–HQ–OPP–2015–0705, is
opportunity for the public to submit ‘‘CSAPR_NUSA_2016_NOx_Annual_ available at http://www.regulations.gov
objections. 2nd_Round_Final_Data_New_Units’’, or at the Office of Pesticide Programs
EPA received no objections to the ‘‘CSAPR_NUSA_2016_SO2_2nd_ Regulatory Public Docket (OPP Docket)
preliminary lists of new units eligible Round_Final_Data_New_Units’’, in the Environmental Protection Agency
for second-round 2016 NUSA ‘‘CSAPR_NUSA_2016_NOx_Annual_ Docket Center (EPA/DC), West William
allocations of CSAPR NOX Annual, SO2 2nd_Round_Final_Data_Existing_ Jefferson Clinton Bldg., Rm. 3334, 1301
Group 1, or SO2 Group 2 allowances Units’’, and ‘‘CSAPR_NUSA_2016_SO2_ Constitution Ave. NW., Washington, DC
whose availability was announced in 2nd_Round_Final_Data_Existing_ 20460–0001. The Public Reading Room
the December 9 NODA. EPA is therefore Units’’, available on EPA’s Web site at is open from 8:30 a.m. to 4:30 p.m.,
making second-round 2016 NUSA https://www.epa.gov/csapr/csapr- Monday through Friday, excluding legal
allocations of CSAPR NOX Annual, SO2 compliance-year-2016-nusa-nodas. holidays. The telephone number for the
Group 1, and SO2 Group 2 allowances Pursuant to CSAPR’s allowance Public Reading Room is (202) 566–1744,
mstockstill on DSK3G9T082PROD with RULES
to the new units identified on these lists recordation timing requirements, the and the telephone number for the OPP
in accordance with the procedures set allocated NUSA allowances will be Docket is (703) 305–5805. Please review
forth in 40 CFR 97.412(a)(9) and (12), recorded in sources’ AMS accounts by the visitor instructions and additional
97.612(a)(9) and (12), and 97.712(a)(9) February 15, 2017. EPA notes that an information about the docket available
and (12). allocation or lack of allocation of at http://www.epa.gov/dockets.
As described in the December 9 allowances to a given unit does not
NODA, any allowances remaining in the constitute a determination that CSAPR 1 See 40 CFR 97.411(c), 97.611(c), and 97.711(c).
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Document Created: 2017-02-15 00:55:18
Document Modified: 2017-02-15 00:55:18
| 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 | Notice of data availability (NODA). | |
| Dates | February 15, 2017. | |
| Contact | Questions concerning this action | |
| FR Citation | 82 FR 10711 |
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