[Federal Register Volume 85, Number 96 (Monday, May 18, 2020)]
[Notices]
[Pages 29711-29712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10515]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10009-57-OAR]


Allocations of Cross-State Air Pollution Rule Allowances From New 
Unit Set-Asides for 2020 Control Periods

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of data availability.

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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) trading 
programs. EPA has completed preliminary calculations for the first 
round of allocations of allowances from the CSAPR new unit

[[Page 29712]]

set-asides (NUSAs) for the 2020 control periods and has posted 
spreadsheets containing the calculations on EPA's website. EPA will 
consider timely objections to the preliminary calculations (including 
objections concerning the identification of units eligible for 
allocations) before determining the final amounts of the first-round 
allocations.

DATES: Objections to the information referenced in this notice must be 
received on or before June 17, 2020.

ADDRESSES: Submit your objections via email to [email protected]. 
Include ``2020 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 preliminary calculations for the first round 
of NUSA allowance allocations for the 2020 control periods. Generally, 
the allocation procedures call for each eligible unit to receive a 
first-round 2020 NUSA allocation equal to its 2019 control period 
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. 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 
occuring 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.
    The detailed unit-by-unit data and preliminary allowance allocation 
calculations are set forth in Excel spreadsheets titled 
``CSAPR_NUSA_2020_NOX_Annual_1st_Round_Prelim_Data'', 
``CSAPR_NUSA_2020_NOX_OS_1st_Round_Prelim_Data'', and 
``CSAPR_NUSA_2020_SO2_1st_Round_Prelim_Data,'' available on 
EPA's website 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 2019 control 
period (annual or ozone season as applicable), (2) the maximum first-
round 2020 NUSA allowance allocation for which the unit is eligible 
(typically the unit's emissions in the 2019 control period), (3) 
various adjustments to the unit's maximum allocation, many of which are 
necessary only if the NUSA pool is oversubscribed, and (4) the 
preliminary calculation of the unit's first-round 2020 NUSA allowance 
allocation.
    Each state worksheet also contains a summary showing (1) the 
quantity of allowances initially available in that state's 2020 NUSA, 
(2) the sum of the first-round 2020 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 2020 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, 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 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 
97.811(b).)

Reid P. Harvey,
Director, Clean Air Markets Division, Office of Atmospheric Programs, 
Office of Air and Radiation.
[FR Doc. 2020-10515 Filed 5-15-20; 8:45 am]
 BILLING CODE 6560-50-P