82 FR 59603 - Allocations of Cross-State Air Pollution Rule Allowances From New Unit Set-Asides for 2017 Control Periods

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 240 (December 15, 2017)

Page Range		59603-59604
FR Document		2017-27094

The Environmental Protection Agency (EPA) is providing notice of the availability of preliminary lists of units eligible for second- round allocations of emission allowances for the 2017 control periods from the new unit set-asides (NUSAs) established under the Cross-State Air Pollution Rule (CSAPR). EPA has posted spreadsheets containing the lists on EPA's website. EPA will consider timely objections to the lists before determining the amounts of the second-round allocations.

Federal Register, Volume 82 Issue 240 (Friday, December 15, 2017)

[Federal Register Volume 82, Number 240 (Friday, December 15, 2017)]
[Notices]
[Pages 59603-59604]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-27094]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9972-15-OAR]


Allocations of Cross-State Air Pollution Rule Allowances From New 
Unit Set-Asides for 2017 Control Periods

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of data availability (NODA).

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SUMMARY: The Environmental Protection Agency (EPA) is providing notice 
of the availability of preliminary lists of units eligible for second-
round allocations of emission allowances for the 2017 control periods 
from the new unit set-asides (NUSAs) established under the Cross-State 
Air Pollution Rule (CSAPR). EPA has posted spreadsheets containing the 
lists on EPA's website. EPA will consider timely objections to the 
lists before determining the amounts of the second-round allocations.

DATES: Objections to the information referenced in this notice must be 
received on or before January 16, 2018.

ADDRESSES: Submit your objections via email to [email protected]. 
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 
[email protected] or Kenon Smith at (202) 343-9164 or 
[email protected].

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 identifying the 
eligible units for each control period and for allocating allowances 
from the NUSAs and Indian country NUSAs to those 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 EPA's preliminary identification of units 
eligible to receive allowances in the second round of NUSA allocations 
for the 2017 control periods. The units eligible for second-round 
allocations for a given control period are CSAPR-affected units that 
commenced commercial operation between January 1 of the year before 
that control period and November 30 of the year of that control period. 
In the case of the 2017 control periods, an eligible unit therefore 
must have commenced commercial operation between January 1, 2016 and 
November 30, 2017 (inclusive). Generally, where a unit is eligible to 
receive a second-round NUSA allocation under a given CSAPR trading 
program for a given control period, the unit's maximum potential 
second-round allocation equals the positive difference (if any) between 
the unit's emissions during the control period as reported under 40 CFR 
part 75 and any first-round NUSA allocation the unit received.\1\ If 
the total of such maximum potential allocations to all eligible units 
would exceed the total allowances remaining in the NUSA, the 
allocations are reduced on a pro-rata basis.
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    \1\ EPA notes that a unit's emissions occurring before its 
monitor certification deadline are not considered to have occurred 
during a control period and consequently are not included in the 
emission amounts used to determine NUSA allocations. See 40 CFR 
97.406(c)(3), 97.506(c)(3), 97.606(c)(3), 97.706(c)(3), and 
97.806(c)(3).
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    The preliminary lists of eligible units are set forth in Excel 
spreadsheets titled 
``CSAPR_NUSA_2017_NOx_Annual_2nd_Round_Prelim_Data,'' 
``CSAPR_NUSA_2017_ NOx_Ozone_Season_2nd_Round_Prelim_Data,'' and 
``CSAPR_NUSA_2017_SO _2nd_Round_Prelim_Data'' available on EPA's 
website at https://www.epa.gov/csapr/csapr-compliance-year-2017-nusa-nodas. Each

[[Page 59604]]

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 2017 NUSA, (2) the sum of the 2017 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 2017 NUSA 
available for second-round allocations to new units (or ultimately for 
allocations to existing units), if any.
    Objections should be strictly limited to whether EPA has correctly 
identified the units eligible for second-round 2017 NUSA allocations 
according to the criteria established in the regulations 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 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 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.\2\
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    \2\ See 40 CFR 97.411(c), 97.511(c), 97.611(c), 97.711(c), and 
97.811(c).

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

    Dated: December 1, 2017.
Reid P. Harvey,
Director, Clean Air Markets Division, Office of Atmospheric Programs, 
Office of Air and Radiation.
[FR Doc. 2017-27094 Filed 12-14-17; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 82, No. 240 / Friday, December 15, 2017 / Notices 59603

ingredient: Florasulam. Product type: Herbicide. Proposed use: Turf. Contact: procedures for identifying the eligible
Herbicide. Proposed use: Formulation of RD. units for each control period and for
end-use products used on teff. Contact: Authority: 7 U.S.C. 136 et seq. allocating allowances from the NUSAs
RD. and Indian country NUSAs to those
Dated: November 14, 2017. units are set forth in the CSAPR
10. EPA Registration Number: 62719–
567. Docket ID number: EPA–HQ–OPP– Hamaad Syed, regulations at 40 CFR 97.411(b) and
2017–0226. Applicant: Dow Acting Director, Information Technology and 97.412 (NOX Annual Trading Program),
AgroSciences LLC, 9330 Zionsville Resources Management Division, Office of 97.511(b) and 97.512 (NOX Ozone
Pesticide Programs. Season Group 1 Trading Program),
Road, Indianapolis, IN 46268. Active
ingredient: Pyroxsulam. Product type: [FR Doc. 2017–27092 Filed 12–14–17; 8:45 am] 97.611(b) and 97.612 (SO2 Group 1
herbicide. Proposed use: Formulation of BILLING CODE 6560–50–P Trading Program), 97.711(b) and 97.712
end-use products used on teff. Contact: (SO2 Group 2 Trading Program), and
RD. 97.811(b) and 97.812 (NOX Ozone
11. EPA Registration Number: 62719– ENVIRONMENTAL PROTECTION Season Group 2 Trading Program). Each
582. Docket ID number: EPA–HQ–OPP– AGENCY NUSA allowance allocation process
2017–0226. Applicant: Dow [FRL–9972–15–OAR] involves up to two rounds of allocations
AgroSciences LLC, 9330 Zionsville to eligible units, termed ‘‘new’’ units,
Road, Indianapolis, IN 46268. Active Allocations of Cross-State Air followed by the allocation to ‘‘existing’’
ingredients: Florasulam, fluroxypyr 1- Pollution Rule Allowances From New units of any allowances not allocated to
methylheptyl ester, and pyroxsulam. Unit Set-Asides for 2017 Control new units.
Product type: Herbicide. Proposed use: Periods This notice concerns EPA’s
Special Local Needs (24(c)) use on teff preliminary identification of units
AGENCY: Environmental Protection eligible to receive allowances in the
to control broadleaf weeds. Contact: RD. Agency (EPA).
12. EPA Registration Number: 62719– second round of NUSA allocations for
ACTION: Notice of data availability the 2017 control periods. The units
664. Docket ID number: EPA–HQ–OPP–
2017–0511. Applicant: Dow (NODA). eligible for second-round allocations for
AgroSciences LLC, 9330 Zionsville a given control period are CSAPR-
SUMMARY: The Environmental Protection affected units that commenced
Road, Indianapolis, IN 46268. Active Agency (EPA) is providing notice of the
ingredient: Halauxifen-methyl. Product commercial operation between January
availability of preliminary lists of units 1 of the year before that control period
type: Herbicide. Proposed use: eligible for second-round allocations of and November 30 of the year of that
Formulation into end-use products used emission allowances for the 2017 control period. In the case of the 2017
on turf. Contact: RD. control periods from the new unit set- control periods, an eligible unit
13. EPA Registration Numbers: asides (NUSAs) established under the therefore must have commenced
63588–91 and 63588–92. Docket ID Cross-State Air Pollution Rule (CSAPR). commercial operation between January
Number: EPA–HQ–OPP–2017–0334. EPA has posted spreadsheets containing 1, 2016 and November 30, 2017
Applicant: K–I Chemical USA, Inc., 11 the lists on EPA’s website. EPA will (inclusive). Generally, where a unit is
Martine Ave., Suite 970, White Plains, consider timely objections to the lists eligible to receive a second-round
NY 10606. Active Ingredient: before determining the amounts of the NUSA allocation under a given CSAPR
Pyroxasulfone. Product Type: Herbicide. second-round allocations. trading program for a given control
Proposed Uses: Leaf petiole vegetable period, the unit’s maximum potential
DATES: Objections to the information
subgroup 22B; Cottonseed subgroup second-round allocation equals the
referenced in this notice must be
20C; Peppermint, oil; Peppermint, tops; positive difference (if any) between the
received on or before January 16, 2018.
Spearmint, oil; Spearmint, tops; unit’s emissions during the control
Soybean, vegetable, succulent and Grass ADDRESSES: Submit your objections via
email to CSAPR_NUSA@epa.gov. period as reported under 40 CFR part 75
grown for seeds. Contact: RD. and any first-round NUSA allocation the
14. EPA Registration Numbers: Include ‘‘2017 NUSA allocations’’ in the
email subject line and include your unit received.1 If the total of such
59639–206 and 59639–193. Docket ID maximum potential allocations to all
Number: EPA–HQ–OPP–2017–0334. name, title, affiliation, address, phone
number, and email address in the body eligible units would exceed the total
Applicant: Valent U.S.A. Corporation, allowances remaining in the NUSA, the
1600 Riviera Ave., Suite 200, Walnut of the email.
allocations are reduced on a pro-rata
Creek CA 94596. Active Ingredient: FOR FURTHER INFORMATION CONTACT:
basis.
Pyroxasulfone. Product Type: Herbicide. Questions concerning this action should The preliminary lists of eligible units
Proposed Uses: Grass grown for seeds. be addressed to Robert Miller at (202) are set forth in Excel spreadsheets titled
Contact: RD. 343–9077 or miller.robertL@epa.gov or ‘‘CSAPR_NUSA_2017_NOx_Annual_
15. File Symbol: 62719–TEN. Docket Kenon Smith at (202) 343–9164 or 2nd_Round_Prelim_Data,’’ ‘‘CSAPR_
ID number: EPA–HQ–OPP–2017–0511. smith.kenon@epa.gov. NUSA_2017_N NOx_Ozone_Season_2nd_
Applicant: Dow AgroSciences LLC, SUPPLEMENTARY INFORMATION: Under Round_Prelim_Data,’’ and ‘‘CSAPR_
9330 Zionsville Road. Active each CSAPR trading program where NUSA_2017_SO _2nd_Round_Prelim_
ingredients: Halauxifen-methyl and EPA is responsible for determining Data’’ available on EPA’s website at
florasulam. Product type: Herbicide. emission allowance allocations, a https://www.epa.gov/csapr/csapr-
Proposed use: Turf. Contact: RD. portion of each state’s emissions budget
sradovich on DSK3GMQ082PROD with NOTICES

compliance-year-2017-nusa-nodas. Each
16. File Symbol: 62719–TEU. Docket for the program for each control period
ID number: EPA–HQ–OPP–2017–0511. is reserved in a NUSA (and in an 1 EPA notes that a unit’s emissions occurring

Applicant: Dow AgroSciences LLC, additional Indian country NUSA in the before its monitor certification deadline are not
9330 Zionsville Road. Active case of states with Indian country considered to have occurred during a control period
and consequently are not included in the emission
ingredients: Halauxifen-methyl, 2,4-D within their borders) for allocation to amounts used to determine NUSA allocations. See
choline salt, and fluroxypyr 1 certain units that would not otherwise 40 CFR 97.406(c)(3), 97.506(c)(3), 97.606(c)(3),
methylheptyl ester. Product type: receive allowance allocations. The 97.706(c)(3), and 97.806(c)(3).

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59604 Federal Register / Vol. 82, No. 240 / Friday, December 15, 2017 / Notices

spreadsheet contains a separate ACTION: Notice of filing of petitions and determine whether this document
worksheet for each state covered by that request for comment. applies to them. Potentially affected
program showing each unit entities may include:
preliminarily identified as eligible for a SUMMARY: This document announces the • Crop production (NAICS code 111).
second-round NUSA allocation. Each Agency’s receipt of several initial filings • Animal production (NAICS code
state worksheet also contains a of pesticide petitions requesting the 112).
summary showing (1) the quantity of establishment or modification of • Food manufacturing (NAICS code
allowances initially available in that regulations for residues of pesticide 311).
state’s 2017 NUSA, (2) the sum of the chemicals in or on various commodities. • Pesticide manufacturing (NAICS
2017 NUSA allowance allocations that DATES: Comments must be received on code 32532).
were made in the first round to new or before January 16, 2018. If you have any questions regarding
units in that state, if any, and (3) the ADDRESSES: Submit your comments, the applicability of this action to a
quantity of allowances in the 2017 identified by docket identification (ID) particular entity, consult the person
NUSA available for second-round number and the pesticide petition listed under FOR FURTHER INFORMATION
allocations to new units (or ultimately number (PP) of interest as shown in the CONTACT for the division listed at the
for allocations to existing units), if any. body of this document, by one of the end of the pesticide petition summary of
Objections should be strictly limited following methods: interest.
to whether EPA has correctly identified • Federal eRulemaking Portal: http:// B. What should I consider as I prepare
the units eligible for second-round 2017 www.regulations.gov. Follow the online my comments for EPA?
NUSA allocations according to the instructions for submitting comments.
Do not submit electronically any 1. Submitting CBI. Do not submit this
criteria established in the regulations information to EPA through
and should be emailed to the address information you consider to be
Confidential Business Information (CBI) regulations.gov or email. Clearly mark
identified in ADDRESSES. Objections the part or all of the information that
must include: (1) Precise identification or other information whose disclosure is
restricted by statute. you claim to be CBI. For CBI
of the specific data the commenter information in a disk or CD–ROM that
believes are inaccurate, (2) new • Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/ you mail to EPA, mark the outside of the
proposed data upon which the disk or CD–ROM as CBI and then
commenter believes EPA should rely DC), (28221T), 1200 Pennsylvania Ave.
NW, Washington, DC 20460–0001. identify electronically within the disk or
instead, and (3) the reasons why EPA
should rely on the commenter’s • Hand Delivery: To make special CD–ROM the specific information that
arrangements for hand delivery or is claimed as CBI. In addition to one
proposed data and not the data complete version of the comment that
referenced in this notice. delivery of boxed information, please
follow the instructions at http:// includes information claimed as CBI, a
EPA notes that an allocation or lack copy of the comment that does not
of allocation of allowances to a given www.epa.gov/dockets/contacts.html.
Additional instructions on contain the information claimed as CBI
unit does not constitute a determination must be submitted for inclusion in the
commenting or visiting the docket,
that CSAPR does or does not apply to public docket. Information so marked
along with more information about
the unit. EPA also notes that allocations will not be disclosed except in
dockets generally, is available at http://
are subject to potential correction if a accordance with procedures set forth in
www.epa.gov/dockets.
unit to which NUSA allowances have 40 CFR part 2.
been allocated for a given control period FOR FURTHER INFORMATION CONTACT:
Robert McNally, Biopesticides and 2. Tips for preparing your comments.
is not actually an affected unit as of the When preparing and submitting your
start of that control period.2 Pollution Prevention Division (7511P),
main telephone number: (703) 305– comments, see the commenting tips at
(Authority: 40 CFR 97.411(b), 97.511(b), 7090; email address: BPPDFRNotices@ http://www.epa.gov/dockets/
97.611(b), 97.711(b), and 97.811(b).) comments.html.
epa.gov., Michael Goodis, Registration
Dated: December 1, 2017. Division (7505P), main telephone 3. Environmental justice. EPA seeks to
Reid P. Harvey, number: (703) 305–7090; email address: achieve environmental justice, the fair
Director, Clean Air Markets Division, Office RDFRNotices@epa.gov, Steve Knizner, treatment and meaningful involvement
of Atmospheric Programs, Office of Air and Antimicrobials Division (7510P), main of any group, including minority and/or
Radiation. telephone number: (703) 305–7090; low-income populations, in the
[FR Doc. 2017–27094 Filed 12–14–17; 8:45 am] email address: ADFRNotices@epa.gov, development, implementation, and
BILLING CODE 6560–50–P Michael Goodis. The mailing address for enforcement of environmental laws,
each contact person is: Office of regulations, and policies. To help
Pesticide Programs, Environmental address potential environmental justice
ENVIRONMENTAL PROTECTION Protection Agency, 1200 Pennsylvania issues, the Agency seeks information on
AGENCY Ave. NW, Washington, DC 20460–0001. any groups or segments of the
population who, as a result of their
SUPPLEMENTARY INFORMATION:
location, cultural practices, or other
[EPA–HQ–OPP–2017–0006; FRL–9970–50]
I. General Information factors, may have atypical or
Receipt of Several Pesticide Petitions disproportionately high and adverse
A. Does this action apply to me?
Filed for Residues of Pesticide human health impacts or environmental
You may be potentially affected by
sradovich on DSK3GMQ082PROD with NOTICES

Chemicals in or on Various effects from exposure to the pesticides
this action if you are an agricultural discussed in this document, compared
Commodities
producer, food manufacturer, or to the general population.
AGENCY: Environmental Protection pesticide manufacturer. The following
Agency (EPA). list of North American Industrial II. What action is the Agency taking?
Classification System (NAICS) codes is EPA is announcing its receipt of
2 See 40 CFR 97.411(c), 97.511(c), 97.611(c), not intended to be exhaustive, but rather several pesticide petitions filed under
97.711(c), and 97.811(c). provides a guide to help readers section 408 of the Federal Food, Drug,

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Document Created: 2017-12-15 03:37:14
Document Modified: 2017-12-15 03:37:14

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		Notices
Action		Notice of data availability (NODA).
Dates		Objections to the information referenced in this notice must be received on or before January 16, 2018.
Contact		Questions concerning this action
FR Citation		82 FR 59603