[Federal Register Volume 82, Number 118 (Wednesday, June 21, 2017)]
[Rules and Regulations]
[Pages 28243-28244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12967]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 97

[FRL-9963-26-OAR]


Allocations of Cross-State Air Pollution Rule Allowances From New 
Unit Set-Asides for the 2017 Compliance Year

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 data on emission allowance allocations to 
certain units under the Cross-State Air Pollution Rule (CSAPR). EPA has 
completed preliminary calculations for the first round of allocations 
of allowances from the CSAPR new unit set-asides (NUSAs) for the 2017 
control periods and has posted spreadsheets containing the calculations 
on EPA's Web site. EPA will consider timely objections to the 
preliminary calculations (including objections concerning the 
identification of units eligible for allocations) and will promulgate a 
notice responding to any such objections no later than August 1, 2017, 
the deadline for recording the first-round allocations in sources' 
Allowance Management System accounts.

DATES: Objections to the information referenced in this notice must be 
received on or before July 21, 2017.

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 annually allocating 
allowances from each NUSA to eligible 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 preliminary calculations for the first round 
of NUSA allowance allocations for the 2017 control periods. Generally, 
the allocation procedures call for each eligible unit to receive a 
first-round 2017 NUSA allocation equal to its 2016 emissions as 
reported under 40 CFR part 75 unless the total of such allocations to 
all eligible units would exceed the amount of allowances in the NUSA, 
in which case the allocations are reduced on a pro-rata basis.
    The detailed unit-by-unit data and preliminary allowance allocation 
calculations are set forth in Excel spreadsheets titled 
``CSAPR_NUSA_2017_NOX_Annual_1st_Round_Prelim_Data'', 
``CSAPR_NUSA_2017_NOX_OS_1st_Round_Prelim_Data'', and 
``CSAPR_NUSA_2017_SO2_1st_Round_Prelim_Data,'' available on 
EPA's Web site at https://www.epa.gov/csapr/new-unit-set-aside-notices-data-availability-nusa-noda-cross-state-air-pollution-rule. Each of the 
spreadsheets contains a separate worksheet for each state covered by 
that program showing, for each unit identified as eligible for a first-
round NUSA allocation, (1) the unit's emissions in the 2016 control 
period (annual or ozone season as applicable), (2) the maximum first-
round 2017 NUSA allowance allocation for which the unit is eligible 
(typically the unit's emissions in the 2016 control period), (3) 
various adjustments to the unit's maximum allocation, many of which are 
necessary only if the NUSA pool is

[[Page 28244]]

oversubscribed, and (4) the preliminary calculation of the unit's 
first-round 2017 NUSA allowance 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 first-round 2017 NUSA allowance allocations that 
will be made to new units in that state, assuming there are no 
corrections to the data, and (3) the quantity of allowances that would 
remain in the 2017 NUSA for use in second-round allocations to new 
units (or ultimately for allocation to existing units), again assuming 
there are no corrections to the data.
    Objections should be strictly limited to the data and calculations 
upon which the NUSA allowance allocations are based and should be 
emailed to the address identified in ADDRESSES. Objections must 
include: (1) Precise identification of the specific data and/or 
calculations the commenter believes are inaccurate, (2) new proposed 
data and/or calculations upon which the commenter believes EPA should 
rely instead to determine allowance allocations, and (3) the reasons 
why EPA should rely on the commenter's proposed data and/or 
calculations 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.

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

    Dated: May 22, 2017.
Richard A. Haeuber,
Acting Director, Clean Air Markets Division, Office of Atmospheric 
Programs, Office of Air and Radiation.
[FR Doc. 2017-12967 Filed 6-20-17; 8:45 am]
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