[Federal Register Volume 84, Number 236 (Monday, December 9, 2019)]
[Pages 67265-67266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26466]




Allocations of Cross-State Air Pollution Rule Allowances From New 
Unit Set-Asides for 2019 Control Periods

AGENCY: Environmental Protection Agency (EPA).

[[Page 67266]]

ACTION: Notice of data availability (NODA).


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 2019 control periods 
from the new unit set-asides (NUSAs) established under the Cross-State 
Air Pollution Rule (CSAPR) trading programs. 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 8, 2020.

ADDRESSES: Submit your objections via email to [email protected]. 
Include ``2019 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 Jason Kuhns at (202) 564-3236 or 
[email protected] or Andrew Reighart at (202) 564-0418 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 these units are set forth in 
the CSAPR trading program regulations at 40 CFR 97.411(b) and 97.412 
(NOX Annual), 97.511(b) and 97.512 (NOX Ozone 
Season Group 1), 97.611(b) and 97.612 (SO2 Group 1), 
97.711(b) and 97.712 (SO2 Group 2), and 97.811(b) and 97.812 
(NOX Ozone Season Group 2). 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 2019 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 2019 control periods, an eligible unit therefore 
must have commenced commercial operation between January 1, 2018 and 
November 30, 2019 (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. 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. EPA notes that under 40 CFR 97.406(c)(3), 
97.506(c)(3), 97.606(c)(3), 97.706(c)(3), and 97.806(c)(3), 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 
    The preliminary lists of eligible units are set forth in Excel 
spreadsheets titled 
and'' ``CSAPR_NUSA_2019_SO2_2nd_Round_Prelim_Data'' 
available on EPA's website at https://www.epa.gov/csapr/csapr-compliance-year-2019-nusa-nodas. Each 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 2019 
NUSA, (2) the sum of the 2019 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 2019 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 2019 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 under 40 CFR 97.411(c), 
97.511(c), 97.611(c), 97.711(c), and 97.811(c), 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.

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

    Dated: November 30, 2019.
Reid P. Harvey,
Director, Clean Air Markets Division, Office of Atmospheric Programs, 
Office of Air and Radiation.
[FR Doc. 2019-26466 Filed 12-6-19; 8:45 am]