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)
Federal Register Volume 82, Issue 118 (June 21, 2017)
| Page Range | 28243-28244 | |
| FR Document | 2017-12967 |
[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] ----------------------------------------------------------------------- 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
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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
asabaliauskas on DSKBBXCHB2PROD with RULES
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
| 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 | Objections to the information referenced in this notice must be received on or before July 21, 2017. | |
| Contact | Questions concerning this action | |
| FR Citation | 82 FR 28243 |
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