[Federal Register Volume 82, Number 240 (Friday, December 15, 2017)]
[Notices]
[Pages 59603-59604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27094]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9972-15-OAR]


Allocations of Cross-State Air Pollution Rule Allowances From New 
Unit Set-Asides for 2017 Control Periods

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 preliminary lists of units eligible for second-
round allocations of emission allowances for the 2017 control periods 
from the new unit set-asides (NUSAs) established under the Cross-State 
Air Pollution Rule (CSAPR). EPA has posted spreadsheets containing the 
lists on EPA's website. EPA will consider timely objections to the 
lists before determining the amounts of the second-round allocations.

DATES: Objections to the information referenced in this notice must be 
received on or before January 16, 2018.

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 identifying the 
eligible units for each control period and for allocating allowances 
from the NUSAs and Indian country NUSAs to those 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 EPA's preliminary identification of units 
eligible to receive allowances in the second round of NUSA allocations 
for the 2017 control periods. The units eligible for second-round 
allocations for a given control period are CSAPR-affected units that 
commenced commercial operation between January 1 of the year before 
that control period and November 30 of the year of that control period. 
In the case of the 2017 control periods, an eligible unit therefore 
must have commenced commercial operation between January 1, 2016 and 
November 30, 2017 (inclusive). Generally, where a unit is eligible to 
receive a second-round NUSA allocation under a given CSAPR trading 
program for a given control period, the unit's maximum potential 
second-round allocation equals the positive difference (if any) between 
the unit's emissions during the control period as reported under 40 CFR 
part 75 and any first-round NUSA allocation the unit received.\1\ If 
the total of such maximum potential allocations to all eligible units 
would exceed the total allowances remaining in the NUSA, the 
allocations are reduced on a pro-rata basis.
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    \1\ EPA notes that a unit's emissions occurring before its 
monitor certification deadline are not considered to have occurred 
during a control period and consequently are not included in the 
emission amounts used to determine NUSA allocations. See 40 CFR 
97.406(c)(3), 97.506(c)(3), 97.606(c)(3), 97.706(c)(3), and 
97.806(c)(3).
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    The preliminary lists of eligible units are set forth in Excel 
spreadsheets titled 
``CSAPR_NUSA_2017_NOx_Annual_2nd_Round_Prelim_Data,'' 
``CSAPR_NUSA_2017_ NOx_Ozone_Season_2nd_Round_Prelim_Data,'' and 
``CSAPR_NUSA_2017_SO _2nd_Round_Prelim_Data'' available on EPA's 
website at https://www.epa.gov/csapr/csapr-compliance-year-2017-nusa-nodas. Each

[[Page 59604]]

spreadsheet contains a separate worksheet for each state covered by 
that program showing each unit preliminarily identified as eligible for 
a second-round NUSA 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 2017 NUSA allowance 
allocations that were made in the first round to new units in that 
state, if any, and (3) the quantity of allowances in the 2017 NUSA 
available for second-round allocations to new units (or ultimately for 
allocations to existing units), if any.
    Objections should be strictly limited to whether EPA has correctly 
identified the units eligible for second-round 2017 NUSA allocations 
according to the criteria established in the regulations and should be 
emailed to the address identified in ADDRESSES. Objections must 
include: (1) Precise identification of the specific data the commenter 
believes are inaccurate, (2) new proposed data upon which the commenter 
believes EPA should rely instead, and (3) the reasons why EPA should 
rely on the commenter's proposed data 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 if a unit to which NUSA allowances have been 
allocated for a given control period is not actually an affected unit 
as of the start of that control period.\2\
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    \2\ See 40 CFR 97.411(c), 97.511(c), 97.611(c), 97.711(c), and 
97.811(c).

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

    Dated: December 1, 2017.
Reid P. Harvey,
Director, Clean Air Markets Division, Office of Atmospheric Programs, 
Office of Air and Radiation.
[FR Doc. 2017-27094 Filed 12-14-17; 8:45 am]
 BILLING CODE 6560-50-P