82_FR_28361 82 FR 28243 - Allocations of Cross-State Air Pollution Rule Allowances From New Unit Set-Asides for the 2017 Compliance Year

82 FR 28243 - Allocations of Cross-State Air Pollution Rule Allowances From New Unit Set-Asides for the 2017 Compliance Year

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 118 (June 21, 2017)

Page Range28243-28244
FR Document2017-12967

The Environmental Protection Agency (EPA) is providing notice of the availability of data on emission allowance allocations to certain units under the Cross-State Air Pollution Rule (CSAPR). EPA has completed preliminary calculations for the first round of allocations of allowances from the CSAPR new unit set-asides (NUSAs) for the 2017 control periods and has posted spreadsheets containing the calculations on EPA's Web site. EPA will consider timely objections to the preliminary calculations (including objections concerning the identification of units eligible for allocations) and will promulgate a notice responding to any such objections no later than August 1, 2017, the deadline for recording the first-round allocations in sources' Allowance Management System accounts.

Federal Register, Volume 82 Issue 118 (Wednesday, June 21, 2017)
[Federal Register Volume 82, Number 118 (Wednesday, June 21, 2017)]
[Rules and Regulations]
[Pages 28243-28244]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12967]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 97

[FRL-9963-26-OAR]


Allocations of Cross-State Air Pollution Rule Allowances From New 
Unit Set-Asides for the 2017 Compliance Year

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of data availability (NODA).

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

SUMMARY: The Environmental Protection Agency (EPA) is providing notice 
of the availability of data on emission allowance allocations to 
certain units under the Cross-State Air Pollution Rule (CSAPR). EPA has 
completed preliminary calculations for the first round of allocations 
of allowances from the CSAPR new unit set-asides (NUSAs) for the 2017 
control periods and has posted spreadsheets containing the calculations 
on EPA's Web site. EPA will consider timely objections to the 
preliminary calculations (including objections concerning the 
identification of units eligible for allocations) and will promulgate a 
notice responding to any such objections no later than August 1, 2017, 
the deadline for recording the first-round allocations in sources' 
Allowance Management System accounts.

DATES: Objections to the information referenced in this notice must be 
received on or before July 21, 2017.

ADDRESSES: Submit your objections via email to CSAPR_NUSA@epa.gov. 
Include ``2017 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 
miller.robertl@epa.gov or Kenon Smith at (202) 343-9164 or 
smith.kenon@epa.gov.

SUPPLEMENTARY INFORMATION: Under each CSAPR trading program where EPA 
is responsible for determining emission allowance allocations, a 
portion of each state's emissions budget for the program for each 
control period is reserved in a NUSA (and in an additional Indian 
country NUSA in the case of states with Indian country within their 
borders) for allocation to certain units that would not otherwise 
receive allowance allocations. The procedures for annually allocating 
allowances from each NUSA to eligible units are 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 
Group 1 Trading Program), 97.611(b) and 97.612 (SO2 Group 1 
Trading Program), 97.711(b) and 97.712 (SO2 Group 2 Trading 
Program), and 97.811(b) and 97.812 (NOX Ozone Season Group 2 
Trading Program). Each NUSA allowance allocation process involves up to 
two rounds of allocations to eligible units, termed ``new'' units, 
followed by the allocation to ``existing'' units of any allowances not 
allocated to new units.
    This notice concerns preliminary calculations for the first round 
of NUSA allowance allocations for the 2017 control periods. Generally, 
the allocation procedures call for each eligible unit to receive a 
first-round 2017 NUSA allocation equal to its 2016 emissions as 
reported under 40 CFR part 75 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.
    The detailed unit-by-unit data and preliminary allowance allocation 
calculations are set forth in Excel spreadsheets titled 
``CSAPR_NUSA_2017_NOX_Annual_1st_Round_Prelim_Data'', 
``CSAPR_NUSA_2017_NOX_OS_1st_Round_Prelim_Data'', and 
``CSAPR_NUSA_2017_SO2_1st_Round_Prelim_Data,'' available on 
EPA's Web site at https://www.epa.gov/csapr/new-unit-set-aside-notices-data-availability-nusa-noda-cross-state-air-pollution-rule. Each of the 
spreadsheets contains a separate worksheet for each state covered by 
that program showing, for each unit identified as eligible for a first-
round NUSA allocation, (1) the unit's emissions in the 2016 control 
period (annual or ozone season as applicable), (2) the maximum first-
round 2017 NUSA allowance allocation for which the unit is eligible 
(typically the unit's emissions in the 2016 control period), (3) 
various adjustments to the unit's maximum allocation, many of which are 
necessary only if the NUSA pool is

[[Page 28244]]

oversubscribed, and (4) the preliminary calculation of the unit's 
first-round 2017 NUSA allowance allocation.
    Each state worksheet also contains a summary showing (1) the 
quantity of allowances initially available in that state's 2017 NUSA, 
(2) the sum of the first-round 2017 NUSA allowance allocations that 
will be made to new units in that state, assuming there are no 
corrections to the data, and (3) the quantity of allowances that would 
remain in the 2017 NUSA for use in second-round allocations to new 
units (or ultimately for allocation to existing units), again assuming 
there are no corrections to the data.
    Objections should be strictly limited to the data and calculations 
upon which the NUSA allowance allocations are based and should be 
emailed to the address identified in ADDRESSES. Objections must 
include: (1) Precise identification of the specific data and/or 
calculations the commenter believes are inaccurate, (2) new proposed 
data and/or calculations upon which the commenter believes EPA should 
rely instead to determine allowance allocations, and (3) the reasons 
why EPA should rely on the commenter's proposed data and/or 
calculations and not the data referenced in this notice.
    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 allocations are subject 
to potential correction.

    Authority: 40 CFR 97.411(b), 97.511(b), 97.611(b), 97.711(b), 
and 97.811(b).

    Dated: May 22, 2017.
Richard A. Haeuber,
Acting Director, Clean Air Markets Division, Office of Atmospheric 
Programs, Office of Air and Radiation.
[FR Doc. 2017-12967 Filed 6-20-17; 8:45 am]
BILLING CODE 6560-50-P



                                                                   Federal Register / Vol. 82, No. 118 / Wednesday, June 21, 2017 / Rules and Regulations                                          28243

                                                    Dated: December 19, 2016.                                (1) Regulation 1, Rule 2,                           SUPPLEMENTARY INFORMATION:        Under
                                                  Alexis Strauss,                                         ‘‘Definitions,’’ Rev. Adopted and                      each CSAPR trading program where
                                                  Acting Regional Administrator, Region IX.               Effective on June 30, 1999, Table 1—                   EPA is responsible for determining
                                                                                                          Exempt Compounds: Rev. and Effective                   emission allowance allocations, a
                                                  PART 52—APPROVAL AND                                    on June 14, 2016.                                      portion of each state’s emissions budget
                                                  PROMULGATION OF                                            (2) [Reserved]                                      for the program for each control period
                                                  IMPLEMENTATION PLANS                                      Note: This document was received for                 is reserved in a NUSA (and in an
                                                                                                          publication by the Office of the Federal               additional Indian country NUSA in the
                                                  ■ 1. The authority citation for Part 52                 Register on June 12, 2017.                             case of states with Indian country
                                                  continues to read as follows:                                                                                  within their borders) for allocation to
                                                                                                          [FR Doc. 2017–12475 Filed 6–20–17; 8:45 am]
                                                      Authority: 42 U.S.C. 7401 et seq.                                                                          certain units that would not otherwise
                                                                                                          BILLING CODE 6560–50–P
                                                                                                                                                                 receive allowance allocations. The
                                                  Subpart F—California                                                                                           procedures for annually allocating
                                                                                                                                                                 allowances from each NUSA to eligible
                                                  ■ 2. Section 52.220 is amended by                       ENVIRONMENTAL PROTECTION
                                                                                                                                                                 units are set forth in the CSAPR
                                                  adding paragraphs (c)(242)(i)(A)(2),                    AGENCY
                                                                                                                                                                 regulations at 40 CFR 97.411(b) and
                                                  (c)(379)(i)(B)(2), (c)(485)(B), (c)(487),                                                                      97.412 (NOX Annual Trading Program),
                                                  and (c)(488) to read as follows:                        40 CFR Part 97
                                                                                                                                                                 97.511(b) and 97.512 (NOX Ozone
                                                  § 52.220    Identification of plan—in part.             [FRL–9963–26–OAR]                                      Season Group 1 Trading Program),
                                                                                                                                                                 97.611(b) and 97.612 (SO2 Group 1
                                                  *       *    *     *    *
                                                                                                          Allocations of Cross-State Air                         Trading Program), 97.711(b) and 97.712
                                                     (c) * * *
                                                                                                          Pollution Rule Allowances From New                     (SO2 Group 2 Trading Program), and
                                                     (242) * * *
                                                     (i) * * *                                            Unit Set-Asides for the 2017                           97.811(b) and 97.812 (NOX Ozone
                                                     (A) * * *                                            Compliance Year                                        Season Group 2 Trading Program). Each
                                                     (2) Previously approved on August 17,                                                                       NUSA allowance allocation process
                                                                                                          AGENCY: Environmental Protection                       involves up to two rounds of allocations
                                                  1998 in paragraph (c)(242)(i)(A)(1) of                  Agency (EPA).
                                                  this section and now deleted with                                                                              to eligible units, termed ‘‘new’’ units,
                                                                                                          ACTION: Notice of data availability                    followed by the allocation to ‘‘existing’’
                                                  replacement in paragraph (c)(485)(B)(1),
                                                                                                          (NODA).                                                units of any allowances not allocated to
                                                  Rule 1118, adopted on October 28, 1996.
                                                                                                                                                                 new units.
                                                  *       *    *     *    *                               SUMMARY:   The Environmental Protection                   This notice concerns preliminary
                                                     (379) * * *                                          Agency (EPA) is providing notice of the                calculations for the first round of NUSA
                                                     (i) * * *                                            availability of data on emission                       allowance allocations for the 2017
                                                     (B) * * *                                            allowance allocations to certain units                 control periods. Generally, the
                                                     (2) Previously approved on September                 under the Cross-State Air Pollution Rule               allocation procedures call for each
                                                  17, 2010 in paragraph (c)(379)(i)(B)(1) of              (CSAPR). EPA has completed                             eligible unit to receive a first-round
                                                  this section and now deleted with                       preliminary calculations for the first                 2017 NUSA allocation equal to its 2016
                                                  replacement in paragraph                                round of allocations of allowances from                emissions as reported under 40 CFR part
                                                  (c)(488)(i)(A)(1), Rule 2, ‘‘Definitions,’’             the CSAPR new unit set-asides (NUSAs)                  75 unless the total of such allocations to
                                                  Rev. Adopted and Effective on June 30,                  for the 2017 control periods and has                   all eligible units would exceed the
                                                  1999, Table 1—Exempt Compounds:                         posted spreadsheets containing the                     amount of allowances in the NUSA, in
                                                  Rev. and Effective on November 4, 2009                  calculations on EPA’s Web site. EPA                    which case the allocations are reduced
                                                  *       *    *     *    *                               will consider timely objections to the                 on a pro-rata basis.
                                                     (485) * * *                                          preliminary calculations (including                       The detailed unit-by-unit data and
                                                     (i) * * *                                            objections concerning the identification               preliminary allowance allocation
                                                     (B) Mojave Desert Air Quality                        of units eligible for allocations) and will            calculations are set forth in Excel
                                                  Management District.                                    promulgate a notice responding to any                  spreadsheets titled ‘‘CSAPR_NUSA_
                                                     (1) Rule 1118, ‘‘Aerospace Assembly,                 such objections no later than August 1,                2017_NOX_Annual_1st_Round_Prelim_
                                                  Rework and Component Manufacturing                      2017, the deadline for recording the                   Data’’, ‘‘CSAPR_NUSA_2017_NOX_OS_
                                                  Operations,’’ amended on October 26,                    first-round allocations in sources’                    1st_Round_Prelim_Data’’, and ‘‘CSAPR_
                                                  2015.                                                   Allowance Management System                            NUSA_2017_SO2_1st_Round_Prelim_
                                                     (2) [Reserved]                                       accounts.                                              Data,’’ available on EPA’s Web site at
                                                  *       *    *     *    *                                                                                      https://www.epa.gov/csapr/new-unit-
                                                                                                          DATES:  Objections to the information
                                                     (487) New and amended regulations                                                                           set-aside-notices-data-availability-nusa-
                                                                                                          referenced in this notice must be
                                                  were submitted on September 6, 2016                                                                            noda-cross-state-air-pollution-rule. Each
                                                                                                          received on or before July 21, 2017.
                                                  by the Governor’s designee.                                                                                    of the spreadsheets contains a separate
                                                                                                          ADDRESSES: Submit your objections via                  worksheet for each state covered by that
                                                     (i) Incorporation by reference.
                                                     (A) Northern Sierra Air Quality                      email to CSAPR_NUSA@epa.gov.                           program showing, for each unit
                                                  Management District.                                    Include ‘‘2017 NUSA allocations’’ in the               identified as eligible for a first-round
                                                     (1) Rule 513, ‘‘Emissions Statements                 email subject line and include your                    NUSA allocation, (1) the unit’s
                                                  and Recordkeeping,’’ amended on June                    name, title, affiliation, address, phone               emissions in the 2016 control period
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                                                  27, 2016.                                               number, and email address in the body                  (annual or ozone season as applicable),
                                                     (2) [Reserved]                                       of the email.                                          (2) the maximum first-round 2017
                                                     (488) New and amended regulations                    FOR FURTHER INFORMATION CONTACT:                       NUSA allowance allocation for which
                                                  were submitted on April 21, 2016 by the                 Questions concerning this action should                the unit is eligible (typically the unit’s
                                                  Governor’s designee.                                    be addressed to Robert Miller at (202)                 emissions in the 2016 control period),
                                                     (i) Incorporation by reference.                      343–9077 or miller.robertl@epa.gov or                  (3) various adjustments to the unit’s
                                                     (A) San Diego County Air Pollution                   Kenon Smith at (202) 343–9164 or                       maximum allocation, many of which are
                                                  Control District.                                       smith.kenon@epa.gov.                                   necessary only if the NUSA pool is


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                                                  28244            Federal Register / Vol. 82, No. 118 / Wednesday, June 21, 2017 / Rules and Regulations

                                                  oversubscribed, and (4) the preliminary                 Connectivity Act of 2016 amending the                  because the rule modification flows
                                                  calculation of the unit’s first-round 2017              Communications Act of 1934 (the Act)                   from the direction provided in the Rural
                                                  NUSA allowance allocation.                              to include skilled nursing facilities                  Healthcare Connectivity Act of 2016 to
                                                     Each state worksheet also contains a                 (SNFs) amongst the list of health care                 include SNFs within the existing RHC
                                                  summary showing (1) the quantity of                     providers eligible to receive support.                 Program. Section 1.412(c) of the
                                                  allowances initially available in that                  DATES: Effective June 21, 2017.                        Commission’s rules provides that rule
                                                  state’s 2017 NUSA, (2) the sum of the                   FOR FURTHER INFORMATION CONTACT:                       changes may be adopted without prior
                                                  first-round 2017 NUSA allowance                         Regina Brown, regina.brown@fcc.gov,                    notice where the Commission for good
                                                  allocations that will be made to new                    Telecommunications Access Policy                       cause finds that notice and comment
                                                  units in that state, assuming there are no              Division, Wireline Competition Bureau,                 procedures are unnecessary, so long as
                                                  corrections to the data, and (3) the                    (202) 418–0792 or TTY: (202) 418–0484.                 the basis for the good cause finding is
                                                  quantity of allowances that would                                                                              published with the rule changes. The
                                                                                                          SUPPLEMENTARY INFORMATION: This is a
                                                  remain in the 2017 NUSA for use in                                                                             final rule adopted in this MO&O does
                                                                                                          summary of the Commission’s
                                                  second-round allocations to new units                                                                          not involve discretionary action on our
                                                                                                          Memorandum Opinion and Order
                                                  (or ultimately for allocation to existing                                                                      part, but rather simply effectuates the
                                                                                                          (MO&O) in WC Docket No. 02–60; FCC
                                                  units), again assuming there are no                                                                            Act according to the specific terms set
                                                                                                          17–71, adopted on June 7, 2017, and
                                                  corrections to the data.                                                                                       forth in the legislation, which became
                                                                                                          released on June 8, 2017. The full text
                                                     Objections should be strictly limited                                                                       effective on December 19, 2016.
                                                                                                          of this document is available for public
                                                  to the data and calculations upon which                                                                        Accordingly, we conclude that this
                                                                                                          inspection during regular business
                                                  the NUSA allowance allocations are                                                                             change constitutes a ministerial,
                                                                                                          hours in the FCC Reference Center,
                                                  based and should be emailed to the                                                                             noncontroversial amendment to our
                                                                                                          Room CY–A257, 445 12th Street SW.,
                                                  address identified in ADDRESSES.                                                                               rules and thus this action falls within
                                                                                                          Washington, DC 20554, or at the
                                                  Objections must include: (1) Precise                                                                           the ‘‘good cause’’ exception of the
                                                                                                          following Internet address: https://
                                                  identification of the specific data and/or                                                                     Administrative Procedure Act. We
                                                                                                          apps.fcc.gov/edocs_public/attachmatch/
                                                  calculations the commenter believes are                                                                        therefore forgo notice and comment in
                                                                                                          FCC-17-71A1.pdf.
                                                  inaccurate, (2) new proposed data and/                                                                         this limited context.
                                                  or calculations upon which the                          I. Discussion                                             4. We also find good cause to make
                                                  commenter believes EPA should rely                         1. In this MO&O, we implement the                   this rule change effective upon
                                                  instead to determine allowance                          Rural Healthcare Connectivity Act of                   publication in the Federal Register.
                                                  allocations, and (3) the reasons why                    2016, which amends section                             Specifically, making this rule change
                                                  EPA should rely on the commenter’s                      254(h)(7)(B) of the Act, to include SNFs               effective upon publication in the
                                                  proposed data and/or calculations and                   amongst the list of health care providers              Federal Register enables SNFs to benefit
                                                  not the data referenced in this notice.                 eligible to receive RHC Program                        expeditiously, consistent with
                                                     EPA notes that an allocation or lack                 support. Specifically, we amend                        Congress’s goal of including SNFs as an
                                                  of allocation of allowances to a given                  § 54.600(a) of the Commission’s rules                  eligible health care provider type under
                                                  unit does not constitute a determination                defining ‘‘health care provider’’ under                the RHC Program. No additional time is
                                                  that CSAPR does or does not apply to                    the RHC Program to include SNFs as                     needed for affected parties to prepare for
                                                  the unit. EPA also notes that allocations               eligible health care providers.                        the rule’s effectiveness because
                                                  are subject to potential correction.                       2. In the 1996 Act, Congress limited                Commission staff, USAC, and interested
                                                    Authority: 40 CFR 97.411(b), 97.511(b),               the types of health care providers                     parties have already had a chance to do
                                                  97.611(b), 97.711(b), and 97.811(b).                    eligible to receive support. SNFs were                 so; the associated RHC Program
                                                                                                          not included as an eligible entity type.               application forms incorporating SNFs
                                                    Dated: May 22, 2017.
                                                                                                          Following the 1996 Act, the                            into the RHC Program have already been
                                                  Richard A. Haeuber,
                                                                                                          Commission established the RHC                         prepared, put out for notice and
                                                  Acting Director, Clean Air Markets Division,                                                                   comment, and approved. Additionally,
                                                  Office of Atmospheric Programs, Office of               Program implementing the provisions of
                                                                                                          the 1996 Act and adopting rules for the                while the rule change enables SNFs to
                                                  Air and Radiation.
                                                                                                          program, including § 54.600(a) of the                  benefit from the RHC Program, it does
                                                  [FR Doc. 2017–12967 Filed 6–20–17; 8:45 am]
                                                                                                          Commission’s rules, which defines                      not immediately oblige them to take any
                                                  BILLING CODE 6560–50–P
                                                                                                          ‘‘health care provider[s]’’ supported                  particular action unless they choose to
                                                                                                          under our RHC support programs in a                    do so. Thus, we find good cause to make
                                                                                                          manner that mirrored the terms of                      this rule change effective upon
                                                  FEDERAL COMMUNICATIONS                                                                                         publication in the Federal Register.
                                                                                                          section 254(h)(7)(B) of the Act. This
                                                  COMMISSION
                                                                                                          definition did not include SNFs.                       II. Procedural Matters
                                                  47 CFR Part 54                                             3. On June 22, 2016, the President
                                                                                                          signed legislation that included SNFs                  A. Paperwork Reduction Act Analysis
                                                  [WC Docket No. 02–60; FCC 17–71]                        amongst the list of health care providers                2. Because approval has already been
                                                                                                          eligible to receive RHC Program                        obtained for the addition of SNFs to the
                                                  Rural Health Care Support Mechanism                                                                            category of eligible health care providers
                                                                                                          support. We interpret this law as
                                                  AGENCY:  Federal Communications                         directing the Commission to include                    pursuant to the Paperwork Reduction
                                                  Commission.                                             SNFs in all programs for which health                  Act of 1995 (PRA), Public Law 104–13,
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                  ACTION: Final rule.                                     care providers are otherwise eligible and              this document does not contain any new
                                                                                                          therefore amend § 54.600(a) of the                     or modified information collection
                                                  SUMMARY:   In this document, the Federal                Commission’s rules defining ‘‘health                   requirements subject to PRA. In
                                                  Communications Commission                               care provider’’ under the RHC Program                  addition, therefore, it does not contain
                                                  (Commission) amends the Rural Health                    to mirror the current statutory definition             any new or modified information
                                                  Care (RHC) Program rule which defines                   in 47 U.S.C. 254(h)(7)(B). We find that                collection burden for small business
                                                  ‘‘health care provider’’ to implement the               a notice and comment rule making                       concerns with fewer than 25 employees,
                                                  provision of the Rural Healthcare                       proceeding in this matter is unnecessary               pursuant to the Small Business


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Document Created: 2018-11-14 10:09:19
Document Modified: 2018-11-14 10:09:19
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionNotice of data availability (NODA).
DatesObjections to the information referenced in this notice must be received on or before July 21, 2017.
ContactQuestions concerning this action
FR Citation82 FR 28243 

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