[Federal Register Volume 74, Number 220 (Tuesday, November 17, 2009)]
[Page 59172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27614]



[EPA-HQ-OAR-2009-0430; FRL-8977-8]

Final Notice of Data Availability Concerning Compliance 
Supplement Pool Allowance Allocations Under the Clean Air Interstate 
Rule Federal Implementation Plan.

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of data availability (NODA).


SUMMARY: EPA is administering--under the Clean Air Interstate Rule 
(CAIR) Federal Implementation Plans (FIPs)--the CAIR NOX 
Annual Trading Program Compliance Supplement Pool (CAIR CSP) for the 
States of Delaware, Louisiana, Maryland, Pennsylvania, and Wisconsin. 
The CAIR FIPs require the Administrator to determine by order the CAIR 
CSP allowance allocations for units in these States whose owners and 
operators requested and qualify for these allocations and to provide 
the public with the opportunity to object to the determinations of 
allocations and denials of allocations. On August 6, 2009, EPA issued a 
NODA setting forth such determinations in the Federal Register and 
provided an opportunity for submission of objections. Through the NODA 
issued today, EPA is making available to the public the Agency's 
determinations, after considering all objections, of CAIR CSP allowance 
allocations and denials of such allocations under the FIPs, as well as 
the data upon which the allocations and denials of allocations were 

DATES: Under Sec.  97.143(d)(5), EPA must record, by January 1, 2010, 
the CSP allowance allocations, consistent with this NODA, in the 
compliance accounts of units whose owners and operators successfully 
applied for a CSP allowance allocation under the CAIR FIPs.
    Docket: EPA established a docket for this action at http://www.regulations.gov under docket ID No. EPA-HQ-OAR-2009-0430. All 
documents in the docket (including documents showing EPA's 
determinations of CAIR CSP allowance allocations and denials of 
allocations and the data upon which the allocations and denial of 
allocations were based) are listed in the http://www.regulations.gov 
index. Docket materials are available either electronically at http://www.regulations.gov or in hard copy at the EPA Docket Center, EPA West, 
Room 3334, 1301 Constitution Avenue, NW., Washington, DC. The Public 
Reading Room is open from 8:30 a.m. to 4:30 p.m, Monday through Friday, 
excluding legal holidays. The telephone number for the Public Reading 
Room is (202) 566-1744, and the telephone number for the Air Docket is 
(202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Questions concerning this action 
should be addressed to Robert L. Miller, EPA Headquarters, CAMD 
(6204J), 1200 Pennsylvania Ave., NW., Washington, DC 20460, telephone 
(202) 343-9077, and e-mail [email protected].

    For more background and information regarding the purpose of the 
NODA, requirements for requesting and receiving CAIR CSP allowances 
under the CAIR FIPs, procedures for allocating such allowances, the 
application by EPA of requirements to individual CSP allocation 
requests, and the interpretation the data upon which CSP allocations 
and denial of allocations were based, see the August 6, 2009 NODA (74 
FR 39315, Aug. 6, 2009).
    EPA received one objection to the determinations and data in the 
August 6, 2009 NODA. EPA responded to the objection in a written 
response in which EPA denied the objection (See Document ID EPA-HQ-OAR-
2009-0430-0006). For the reasons set forth in the August 6, 2009 NODA, 
the NODA, and the response to the objection, EPA adopts the CSP 
allocations set forth in the August 6, 2009 NODA.
    EPA is not requesting objections to the data provided in this final 
NODA. This action constitutes a final action for determining the CAIR 
CSP allowance allocations under Sec.  97.143 and the CAIR FIPs.

    Dated: October 27, 2009.
Edward Callahan,
Acting Director, Office of Atmospheric Programs.
[FR Doc. E9-27614 Filed 11-16-09; 8:45 am]