83 FR 35473 - Allocations of Cross-State Air Pollution Rule Allowances From New Unit Set-Asides for 2018 Control Periods
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 144 (July 26, 2018)
Federal Register Volume 83, Issue 144 (July 26, 2018)
| Page Range | 35473-35475 | |
| FR Document | 2018-16000 |
[Federal Register Volume 83, Number 144 (Thursday, July 26, 2018)] [Notices] [Pages 35473-35475] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-16000] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [FRL-9981-31-OAR] Allocations of Cross-State Air Pollution Rule Allowances From New Unit Set-Asides for 2018 Control Periods AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of data availability. ----------------------------------------------------------------------- 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) trading programs. EPA has completed final calculations for the first round of allocations of allowances from the CSAPR new unit set-asides (NUSAs) for the 2018 control periods and has posted spreadsheets containing the calculations on EPA's website. Several changes were made to the preliminary allocation spreadsheets to eliminate allocations to existing units that had been incorrectly identified as new units eligible to receive NUSA allocations. No changes were made to the calculations of the amounts of allocations to any units correctly identified as new units, and no additional units were identified as new units. DATES: July 26, 2018. FOR FURTHER INFORMATION CONTACT: Questions concerning this action should be addressed to Kenon Smith at (202) 343-9164 or smith.kenon@epa.gov or Jason Kuhns at (202) 564-3236 or kuhns.jason@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 identifying the eligible units for each control period and for allocating allowances from the NUSAs and Indian country NUSAs to these units are set forth in the CSAPR trading program regulations at 40 CFR 97.411(b) and 97.412 (NOX Annual), 97.511(b) and 97.512 (NOX Ozone Season Group 1), 97.611(b) and 97.612 (SO2 Group 1), 97.711(b) and 97.712 (SO2 Group 2), and 97.811(b) and 97.812 (NOX Ozone Season Group 2). 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. In a NODA published in the Federal Register on May 10, 2018 (83 FR 21772), we provided notice of preliminary calculations for the first-round 2018 [[Page 35474]] NUSA allowance allocations. We also described the process for submitting any objections to the preliminary calculations. This NODA concerns the final calculations for the first round of 2018 NUSA allocations. EPA received three sets of written objections in response to the May 10, 2018 NODA. For the reasons discussed below, we have concluded that none of the written objections provides a valid basis for altering the preliminary calculations of NUSA allowance allocations. The first two sets of objections, from Madison Gas & Electric Company (MG&E) and the Wisconsin Department of Natural Resources, are substantively identical and raise two issues concerning units U1 and U2 at the West Campus Cogeneration Facility (WCCF) in Madison, Wisconsin. The first objection asserts that January 1, 2017 is the date as of which units U1 and U2 ``commenced commercial operation'' for CSAPR purposes. EPA has already addressed this specific issue with respect to the WCCF units in response to an objection submitted regarding the 2017 NUSA allocations. Our earlier response, which we are not revising, was published in the Federal Register on February 16, 2018 (83 FR 7034). Briefly, we agree that, according to the information provided by MG&E, January 1, 2017 is the date as of which units U1 and U2 should be considered to have ``commenced commercial operation'' for CSAPR purposes. Further, we have in fact been using this date for purposes of determining the units' eligibility to receive 2018 NUSA allocations, and that is why units U1 and U2 appear in the preliminary first-round 2018 NUSA allocation spreadsheets. However, we acknowledge that our use of the January 1, 2017 date for this purpose is not clear from the preliminary NUSA allocation spreadsheets which, instead of displaying the January 1, 2017 date, display the 2005 date on which the units commenced commercial operation for other purposes before becoming subject to CSAPR. The final first-round 2018 NUSA allocation spreadsheets display the January 1, 2017 date. The second objection raised with respect to WCCF units U1 and U2 asserts that EPA's exclusion of reported emissions occurring before July 2017 in calculating the units' NUSA allocations is incorrect. We disagree. For purposes of the NUSA allocation calculations, we have properly used the units' reported emissions occurring on and after their monitor certification deadline of June 30, 2017. We explained the regulatory basis for this approach in a NODA published on July 28, 2015 (80 FR 44882) regarding 2015 NUSA allocations. Briefly, under the CSAPR regulations, only emissions that occur during a ``control period'' for a unit are used in calculating the amounts of any NUSA allocations to that unit. Because a unit's first control period excludes any period before the unit's monitor certification deadline, any reported emissions occurring before the monitor certification deadline are excluded from the NUSA allocation calculations. A unit's monitor certification deadline is generally 180 days after the date on which the unit commences commercial operation for CSAPR purposes,\1\ making the monitor certification deadline for WCCF units U1 and U2 June 30, 2017. For further explanation, see the July 28, 2015 Federal Register notice referenced above. --------------------------------------------------------------------------- \1\ Under the CSAPR programs for ozone season NOX , if emissions data for a unit are reported only for the May-September ozone season rather than for the entire year, and if the 180th day after the date on which a unit commences commercial operation for CSAPR purposes falls outside the ozone season, then the unit's monitor certification deadline is the following May 1. See, e.g., 40 CFR 97.830(b)(3). --------------------------------------------------------------------------- The remaining set of written objections, from Grand River Dam Authority (GRDA), also raises two issues. GRDA's first objection concerns the amount of reported 2017 ozone season NOX emissions used to calculate the amount of the first-round 2018 NUSA allocation to unit 3 at Grand River Energy Center (GREC) in Chouteau, Oklahoma. Specifically, GRDA asserts that EPA should not have used 0 tons for this purpose. We disagree. The reported date on which GREC unit 3 commenced commercial operation was March 17, 2017, making the unit's monitor certification deadline September 13, 2017. As discussed above with respect to the WCCF facility, only reported emissions occurring after a unit's monitor certification deadline are used in computing NUSA allocations because any earlier emissions did not occur during a control period for the unit. Although GREC unit 3 reported 66 tons of emissions during the entire 2017 ozone season, the unit reported 0 tons during the portion of the 2017 ozone season on and after September 13, so our use of 0 tons for purposes of calculating unit 3's first-round 2018 NUSA allocation is consistent with the regulations. For further explanation, see the July 28, 2015 Federal Register notice reference above. GRDA's second objection consists of a request to revise the total amount of the NUSA for Oklahoma under the CSAPR NOX Ozone Season Group 2 Trading Program. This objection is outside the scope of the May 10, 2018 NODA. EPA's determination regarding the NUSA total amount was made in the CSAPR Update rulemaking, and the NUSA amount is codified in the CSAPR regulations at 40 CFR 97.810(a)(17)(ii). The process of allocating NUSA allowances is strictly an administrative process that implements regulations already in effect. The total amount of the NUSA for Oklahoma can be revised only through another rulemaking, not through this administrative process. Although no changes were made to the preliminary first-round 2018 NUSA allocations in response to the objections received, based on internal data reviews EPA has determined that several units listed in the preliminary allocation spreadsheets in fact are existing units not eligible to receive 2018 NUSA allocations. Specifically, 14 units in Illinois, Kansas, and Nebraska were incorrectly included in the preliminary first-round NUSA allocation spreadsheet for the SO2 programs, and the Illinois and Nebraska units were also incorrectly included in the preliminary first-round NUSA allocation spreadsheet for the annual NOX program.\2\ Generally, these units were misidentified as eligible units because of discrepancies between the identification numbers used for the units in different data sets. In addition, 21 units in Arkansas, Louisiana, Oklahoma, and Texas were incorrectly included in the preliminary first-round NUSA allocation spreadsheet for the ozone season NOX programs. Generally, these units were misidentified as eligible units because a screening procedure designed to identify units eligible for NUSA allocations due to relocation between states was executed without setting appropriate limits on the dates of relocation. We have removed all the ineligible units from the final first-round 2018 NUSA allocation spreadsheets. --------------------------------------------------------------------------- \2\ Kansas, not EPA, is responsible for determining all 2018 allowance allocations to Kansas units under the annual NOX program. --------------------------------------------------------------------------- The detailed unit-by-unit data and final allowance allocation calculations are set forth in Excel spreadsheets titled ``CSAPR_NUSA_2018_NOX _Annual_1st_Round_Final_Data'', ``CSAPR_NUSA_2018_NOX _OS_1st_Round_Final_Data'', and ``CSAPR_NUSA_2018_SO2 _1st_Round_Final_Data,'' available on EPA's website at https://www.epa.gov/csapr/csapr-compliance-year-2018-nusa-nodas. 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 under 40 [[Page 35475]] CFR 97.411(c), 97.511(c), 97.611(c), 97.711(c), and 97.811(c), allocations are subject to potential correction if a unit to which allowances have been allocated for a given control period is not actually an affected unit as of the start of that control period. Authority: 40 CFR 97.411(b), 97.511(b), 97.611(b), 97.711(b), and 97.811(b). Dated: June 28, 2018. Reid P. Harvey, Director, Clean Air Markets Division, Office of Atmospheric Programs, Office of Air and Radiation. [FR Doc. 2018-16000 Filed 7-25-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 144 / Thursday, July 26, 2018 / Notices 35473
in accordance with widespread and man or the environment, or a human human health risk assessments for the
commonly recognized practice, the dietary risk from residues that result pesticides shown in the following table,
pesticide product must perform its from the use of a pesticide in or on food. and opens a 60-day public comment
intended function without unreasonable IV. What action is the agency taking? period on the risk assessments.
adverse effects on the environment; that
is, without any unreasonable risk to Pursuant to 40 CFR 155.58, this notice
announces the availability of EPA’s
TABLE 1—DRAFT RISK ASSESSMENTS BEING MADE AVAILABLE FOR PUBLIC COMMENT
Registration review case name and No. Docket ID No. Contact information
Atrazine ........................................................ EPA–HQ–OPP–2013–0266 ........................ OPP_triazine_reg_review@epa.gov; (703) 347–0293.
0062 .............................................................
Simazine ...................................................... EPA–HQ–OPP–2013–0251 ........................ OPP_triazine_reg_review@epa.gov; (703) 347–0293.
0070 .............................................................
Propazine ..................................................... EPA–HQ–OPP–2013–0250 ........................ OPP_triazine_reg_review@epa.gov; (703) 347–0293.
0230 .............................................................
Triazine Cumulative (atrazine—0062, EPA–HQ–OPP–2013–0266; EPA–HQ– OPP_triazine_reg_review@epa.gov; (703) 347–0293.
propazine— 0070, simazine—0230). OPP–2013–0251; EPA–HQ–OPP–
2013–0250.
Pursuant to 40 CFR 155.53(c), EPA is As provided in 40 CFR 155.58, the eligible to receive NUSA allocations. No
providing an opportunity, through this registration review docket for each changes were made to the calculations
notice of availability, for interested pesticide case will remain publicly of the amounts of allocations to any
parties to provide comments and input accessible through the duration of the units correctly identified as new units,
concerning the Agency’s draft human registration review process; that is, until and no additional units were identified
health risk assessments for the all actions required in the final decision as new units.
pesticides listed in the Table in Unit IV. on the registration review case have DATES: July 26, 2018.
EPA may then issue a revised risk been completed. FOR FURTHER INFORMATION CONTACT:
assessment, explain any changes to the Authority: 7 U.S.C. 136 et seq. Questions concerning this action should
draft risk assessment, and respond to be addressed to Kenon Smith at (202)
comments. Dated: July 17, 2018.
Yu-Ting Guilaran, 343–9164 or smith.kenon@epa.gov or
Information submission requirements. Jason Kuhns at (202) 564–3236 or
Anyone may submit data or information Director, Pesticide Re-Evaluation Division,
Office of Pesticide Programs. kuhns.jason@epa.gov.
in response to this document. To be SUPPLEMENTARY INFORMATION: Under
considered during a pesticide’s [FR Doc. 2018–15998 Filed 7–25–18; 8:45 am]
each CSAPR trading program where
registration review, the submitted data BILLING CODE 6560–50–P
EPA is responsible for determining
or information must meet the following emission allowance allocations, a
requirements: portion of each state’s emissions budget
ENVIRONMENTAL PROTECTION
• To ensure that EPA will consider for the program for each control period
AGENCY
data or information submitted, is reserved in a NUSA (and in an
interested persons must submit the data [FRL–9981–31–OAR] additional Indian country NUSA in the
or information during the comment case of states with Indian country
period. The Agency may, at its Allocations of Cross-State Air
within their borders) for allocation to
discretion, consider data or information Pollution Rule Allowances From New
certain units that would not otherwise
submitted at a later date. Unit Set-Asides for 2018 Control
receive allowance allocations. The
• The data or information submitted Periods
procedures for identifying the eligible
must be presented in a legible and AGENCY: Environmental Protection units for each control period and for
useable form. For example, an English Agency (EPA). allocating allowances from the NUSAs
translation must accompany any and Indian country NUSAs to these
ACTION: Notice of data availability.
material that is not in English and a units are set forth in the CSAPR trading
written transcript must accompany any SUMMARY: The Environmental Protection program regulations at 40 CFR 97.411(b)
information submitted as an Agency (EPA) is providing notice of the and 97.412 (NOX Annual), 97.511(b) and
audiographic or videographic record. availability of data on emission 97.512 (NOX Ozone Season Group 1),
Written material may be submitted in allowance allocations to certain units 97.611(b) and 97.612 (SO2 Group 1),
paper or electronic form. under the Cross-State Air Pollution Rule 97.711(b) and 97.712 (SO2 Group 2), and
• Submitters must clearly identify the (CSAPR) trading programs. EPA has 97.811(b) and 97.812 (NOX Ozone
source of any submitted data or completed final calculations for the first Season Group 2). Each NUSA allowance
information. round of allocations of allowances from allocation process involves up to two
• Submitters may request the Agency the CSAPR new unit set-asides (NUSAs) rounds of allocations to eligible units,
sradovich on DSK3GMQ082PROD with NOTICES
to reconsider data or information that for the 2018 control periods and has termed ‘‘new’’ units, followed by the
the Agency rejected in a previous posted spreadsheets containing the allocation to ‘‘existing’’ units of any
review. However, submitters must calculations on EPA’s website. Several allowances not allocated to new units.
explain why they believe the Agency changes were made to the preliminary In a NODA published in the Federal
should reconsider the data or allocation spreadsheets to eliminate Register on May 10, 2018 (83 FR 21772),
information in the pesticide’s allocations to existing units that had we provided notice of preliminary
registration review. been incorrectly identified as new units calculations for the first-round 2018
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CFR 97.411(c), 97.511(c), 97.611(c), EPA’s policy is that all comments the environment, and procedures for
97.711(c), and 97.811(c), allocations are received will be included in the public approving state programs in lieu of the
subject to potential correction if a unit docket without change including any federal program. EPA promulgated
to which allowances have been personal information provided, unless technical and financial requirements for
allocated for a given control period is the comment includes profanity, threats, owners and operators of USTs at 40 CFR
not actually an affected unit as of the information claimed to be Confidential part 280, and state program approval
start of that control period. Business Information (CBI) or other procedures at 40 CFR part 281. This ICR
Authority: 40 CFR 97.411(b), 97.511(b), information whose disclosure is is a comprehensive presentation of all
97.611(b), 97.711(b), and 97.811(b). restricted by statute. information collection requirements
FOR FURTHER INFORMATION CONTACT: contained at 40 CFR parts 280 and 281.
Dated: June 28, 2018.
Elizabeth McDermott, Office of The data collected for new and
Reid P. Harvey,
Underground Storage Tanks, Mail Code existing UST system operations and
Director, Clean Air Markets Division, Office financial requirements are used by
5401R, Environmental Protection
of Atmospheric Programs, Office of Air and
Agency, 1200 Pennsylvania Ave. NW, owners and operators and/or EPA or the
Radiation.
Washington, DC 20460; telephone implementing agency to monitor results
[FR Doc. 2018–16000 Filed 7–25–18; 8:45 am]
number: (202) 564–0646; email address: of testing, inspections, and operation of
BILLING CODE 6560–50–P
mcdermott.elizabeth@epa.gov. UST systems, as well as to demonstrate
SUPPLEMENTARY INFORMATION: compliance with regulations. EPA
Supporting documents which explain in believes strongly that if the minimum
ENVIRONMENTAL PROTECTION
detail the information that the EPA will requirements specified under the
AGENCY
be collecting are available in the public regulations are not met, neither the
docket for this ICR. The docket can be facilities nor EPA can ensure that UST
[EPA–HQ–OLEM–2018–0367; FRL–9981–
viewed online at www.regulations.gov systems are being managed in a manner
03–OLEM]
or in person at the EPA Docket Center, protective of human health and the
Proposed Information Collection WJC West, Room 3334, 1301 environment.
Request; Comment Request; Constitution Ave. NW, Washington, DC. EPA uses state program applications
Underground Storage Tanks: The telephone number for the Docket to determine whether to approve a state
Technical and Financial Requirements, Center is 202–566–1744. For additional program. Before granting approval, EPA
and State Program Approval information about EPA’s public docket, must determine that programs will be
Procedures (Renewal) visit http://www.epa.gov/dockets. no less stringent than the federal
Pursuant to section 3506(c)(2)(A) of program and contain adequate
AGENCY: Environmental Protection the PRA, EPA is soliciting comments enforcement mechanisms.
Agency (EPA). and information to enable it to: (i) Form numbers: None.
ACTION: Notice. Evaluate whether the proposed Respondents/affected entities:
collection of information is necessary Facilities that own and operate
SUMMARY: The Environmental Protection for the proper performance of the underground storage tanks (USTs),
Agency is planning to submit an functions of the Agency, including states that implement the UST
information collection request (ICR), whether the information will have programs, and tribes.
‘‘Underground Storage Tanks: Technical practical utility; (ii) evaluate the Respondent’s obligation to respond:
and Financial Requirements, and State accuracy of the Agency’s estimate of the Mandatory (40 CFR part 280).
Program Approval Procedures burden of the proposed collection of Estimated number of respondents:
(Renewal)’’ (EPA ICR No. 1360.16, OMB information, including the validity of 202,830.
Control No. 2050–0068) to the Office of the methodology and assumptions used; Frequency of response: Once, on
Management and Budget (OMB) for (iii) enhance the quality, utility, and occasion, annual.
review and approval in accordance with clarity of the information to be Total estimated burden: 8,722,192
the Paperwork Reduction Act. Before collected; and (iv) minimize the burden hours (per year). Burden is defined at 5
doing so, EPA is soliciting public of the collection of information on those CFR 1320.03(b).
comments on specific aspects of the who are to respond, including through Total estimated cost: $679,800,866
proposed information collection as the use of appropriate automated (per year), includes $424,720,745
described below. This is a proposed electronic, mechanical, or other annualized capital or operation &
extension of the ICR, which is currently technological collection techniques or maintenance costs.
approved through January 31, 2019. An other forms of information technology, Changes in estimates: There is an
Agency may not conduct or sponsor and e.g., permitting electronic submission of increase of 3,309,061 hours in the total
a person is not required to respond to responses. EPA will consider the estimated respondent burden compared
a collection of information unless it comments received and amend the ICR with the ICR currently approved by
displays a currently valid OMB control as appropriate. The final ICR package OMB. This ICR renewal includes several
number. will then be submitted to OMB for new requirements that became effective
DATES: Comments must be submitted on review and approval. At that time, EPA as of October 2018, which has resulted
or before September 24, 2018. will issue another Federal Register in a burden increase (e.g., annual release
ADDRESSES: Submit your comments, notice to announce the submission of detection operability testing and
referencing Docket ID No. EPA–HQ– recordkeeping, periodic testing and
sradovich on DSK3GMQ082PROD with NOTICES
the ICR to OMB and the opportunity to
OLEM–2018–0367 online using submit additional comments to OMB. inspection of spill, overfill equipment
www.regulations.gov (our preferred Abstract: Subtitle I of the Resource and containment sumps, operator
method) or by mail to: EPA Docket Conservation and Recovery Act (RCRA), training, walkthrough inspections,
Center, Environmental Protection as amended, requires that EPA develop notification of ownership changes, and
Agency, Mail Code 28221T, 1200 standards for Underground Storage maintaining records for compatibility).
Pennsylvania Ave. NW, Washington, DC Tank (UST) systems, as may be In addition, EPA expects most states to
20460. necessary, to protect human health and submit state program re-approval
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Document Created: 2018-11-06 10:26:54
Document Modified: 2018-11-06 10:26:54
| 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. | |
| Dates | July 26, 2018. | |
| Contact | Questions concerning this action | |
| FR Citation | 83 FR 35473 |
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