[Federal Register Volume 75, Number 80 (Tuesday, April 27, 2010)]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9754]
ENVIRONMENTAL PROTECTION AGENCY
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.
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
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:
(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
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
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
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.
Director, Office of Atmospheric Programs.
[FR Doc. 2010-9754 Filed 4-26-10; 8:45 am]
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