[Federal Register Volume 75, Number 80 (Tuesday, April 27, 2010)]
[Notices]
[Pages 22127-22128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9754]


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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9142-3]


Notice of Data Availability Concerning 2010 CAIR NOX Ozone Season 
Trading Program New Unit Set-Aside 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 
Ozone Season Trading Program (CAIROS) new unit set-aside allowance 
pools for Delaware and the District of Columbia. The CAIROS FIPs 
require the Administrator to determine each year by order the allowance 
allocations from the new unit set-aside for units in these 
jurisdictions whose owners and operators requested these allocations 
and to provide the public with the opportunity to object to the 
allocation determinations. In this NODA EPA is making available to the 
public the emissions data and other information upon which the 
allocations, or denial of allocations, are based and the CAIROS new 
unit set-aside allowance allocation (if any) for each individual unit.

DATES: Objections must be received by May 27, 2010.

ADDRESSES: Submit your objections by one of the following methods:
    A. E-mail: CAIR--NOX--Ozone--;[email protected].
    B. Mail: Robert L. Miller, U.S. Environmental Protection Agency, 
CAMD (6204J), Attn: 2010 CAIROS New Unit Set-aside, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460.
    Instructions: If you submit an objection, include your name and 
other contact information in the body of your objection. If EPA is 
unable to read your objection and contact you for clarification due to 
technical difficulties, EPA may not be able to consider your objection. 
Electronic files should not have special characters and any form of 
encryption and should be free of any defects or viruses.

FOR FURTHER INFORMATION CONTACT: Questions concerning this action 
should be addressed to Robert L. Miller, U.S. Environmental Protection 
Agency, CAMD (6204J), 1200 Pennsylvania Ave., NW., Washington, DC 
20460, telephone (202) 343-9077, and e-mail [email protected]. If 
mailing by courier, address package to Robert L. Miller, 1310 L St., 
NW., Room 254B, Washington, DC 20005.

SUPPLEMENTARY INFORMATION: 

Outline

1. General Information
2. What is the purpose of this NODA?
3. What are the requirements and procedures for requesting and 
receiving 2010 CAIROS new unit set-aside allowances?
4. How is EPA applying to individual CAIROS units the requirements 
for requesting and receiving 2010 CAIROS new unit set-aside 
allowance allocations?

1. General Information

Does this action apply to me?

    This NODA applies to CAIROS units in Delaware and the District of 
Columbia whose owners and operators requested on or before February 1, 
2010 a 2010 CAIROS allowance allocation from the new unit set-aside.

What should I consider as I prepare and submit any objections for EPA?

    When preparing and submitting an objection, remember to:

[[Page 22128]]

    (1) Identify the source (facility name, plant code) and unit 
identification number for which the objection is being made;
    (2) Make sure to submit your objection by the deadline identified.
    If you e-mail your objection, put ``Objection for 2010 CAIROS New 
Unit Set-aside'' in the subject line to alert the Administrator that an 
objection is included. If mailing by courier, address the package to 
Robert L. Miller, 1310 L St., NW., Room 254B, Washington, DC 20005. 
Clearly mark any portion of the information that you claim to be CBI. 
For CBI in a disk or CD ROM that you mail to EPA, mark the outside of 
the disk or CD ROM as CBI and then identify electronically within the 
disk or CD ROM the specific information that is claimed as CBI. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2. Send or deliver information 
identified as CBI only to the following address: Robert L. Miller, EPA 
Headquarters, CAMD (6204J), 1200 Pennsylvania Avenue, NW., Washington 
DC 20460.

2. What is the purpose of this NODA?

    The purpose of this NODA is to make all of the data upon which the 
allocations or denial of allocations are based available to the public 
for objection to ensure that the data on which the applicable 
determination for each unit is based are correct. Any person objecting 
to any of the data should explain the basis for his or her objection, 
provide alternative data and supporting documentation, and explain why 
the alternative data are the best available data. EPA will consider any 
substantive objections to the data.
    The provisions of Sec.  97.342(c)--which govern the submission of 
requests for CAIROS allowance allocations from the new unit set-aside 
and set forth the criteria for qualification for, and the methodologies 
for calculating, such allocations for each individual unit--are final 
and are described in this NODA solely for informational purposes and 
are not open for objection. However, objections may be submitted 
concerning whether EPA determined, in a manner consistent with these 
rule provisions, the CAIROS allowance allocation (if any) from the new 
unit set-aside for 2010 for any unit for which such an allowance 
allocation was requested. See 40 CFR 97.341(d).

3. What are the requirements for requesting and receiving CAIROS new 
unit set-aside allowances and the procedures for allocating such 
allowances?

    EPA is administering the 2010 CAIROS new unit set-aside allowance 
pools for Delaware and the District of Columbia, which are comprised of 
a maximum of 111 allowances for Delaware and 6 allowances for the 
District of Columbia. Under Sec.  97.342(c)(2), the owners and 
operators of any unit for which CAIROS new unit set-aside allowances 
were sought for 2010 had to submit to EPA a request for CAIROS new unit 
set-aside allowance allocations by February 1, 2010. The owners and 
operators of a CAIROS unit in Delaware or the District of Columbia 
could request a CAIROS new unit set-aside allowance allocation if (1) 
the unit is subject to the CAIROS, (2) the unit is not allocated any 
CAIROS allowances under Sec.  97.342(b) because it lacks a baseline 
heat input or because all CAIROS allowances available under Sec.  
97.342(b) for the year have already been allocated, and (3) the owners 
and operators of the unit submitted a timely request by the February 1, 
2010 deadline. If a unit meets these criteria, EPA determines the 
allocation amount by determining the 2009 NOX mass emissions 
data reported under 40 CFR part 75 for the unit during the 2009 ozone 
season (May 1--September 30, 2009). Finally, EPA makes any necessary 
adjustments under Sec.  97.342(c)(4) to each such unit's allocation 
amount in order to ensure that the total amount of CAIROS new unit set-
aside allowances allocated for 2010 does not exceed the amount of 
allowances in the new unit set-aside for 2010.

4. How is EPA applying to individual CAIROS units the requirements for 
requesting and receiving CAIROS new unit set-aside allowance 
allocations?

    On January 21, 2010 EPA sent an e-mail--to the designated 
representatives, alternate designated representatives, and their 
respective agents of CAIROS units in the District of Columbia and 
Delaware--that provided instructions on the proper submission of a 
request for a CAIROS allowance allocation from the new unit set-aside 
for 2010. The January 21, 2010 e-mail explained what data should be 
submitted with the request and reminded addressees of the February 1, 
2010 deadline for such requests. Among the data elements for a request 
under Sec.  97.342(c)(2) were the number of allowances requested in an 
amount no greater than the unit's NOX emissions for the 2009 
ozone season (May 1 through September 30, 2009). EPA received timely 
requests for 2010 CAIROS new unit set-aside allowance allocations for 3 
CAIROS units in Delaware; no requests were received for CAIROS units in 
the District of Columbia.
    The detailed unit-by-unit data, allowance allocation 
determinations, and calculations are set forth in a technical support 
document, which is a single Excel spreadsheet titled ``2010 CAIROS FIP 
New Unit Set-Aside Allocations Data'' and is available on EPA's Web 
site at http://www.epa.gov/airmarkets/cair/ozone_nusa/index.html. EPA 
will publish a second NODA, after the 30-day period for submitting 
objections concerning this NODA, in order to address any objections and 
make any necessary adjustments to the data published in this NODA to 
ensure that EPA's allowance allocation determinations are in accordance 
with Sec.  97.342(c). EPA will record, no later than September 1, 2010, 
CAIROS allowance allocations from the new unit set-aside for 2010 after 
publication of the second NODA. See 40 CFR 97.353(e).

    Dated: April 19, 2010.
Brian McLean,
Director, Office of Atmospheric Programs.
[FR Doc. 2010-9754 Filed 4-26-10; 8:45 am]
BILLING CODE 6560-50-P