[Federal Register Volume 87, Number 74 (Monday, April 18, 2022)]
[Page 22882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08157]




Final Allocations of Cross-State Air Pollution Rule Allowances 
From New Unit Set-Asides for 2021 Control Periods

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of data availability.


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 final calculations for the allocations of 
allowances from the CSAPR new unit set-asides (NUSAs) for the 2021 
control periods and has posted spreadsheets containing the calculations 
on EPA's website. EPA has also completed calculations for allocations 
of the remaining 2021 NUSA allowances to existing units and has posted 
spreadsheets containing those calculations on EPA's website as well.

DATES: April 18, 2022.

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), 97.811(b) and 97.812 
(NOX Ozone Season Group 2), and 97.1011(b) and 97.1012 
(NOX Ozone Season Group 3). Each NUSA allowance allocation 
process involves allocations to eligible units, termed ``new'' units, 
followed by the allocation to ``existing'' units of any allowances not 
allocated to new units.\1\

    \1\ For control periods before 2021, the NUSA allocation process 
involved two rounds of allocations. The current one-round process 
for all CSAPR trading programs was adopted in the Revised CSAPR 
Update. Refer to 86 FR 23054, 23145-46 (April 30, 2021).

    In a notice of data availability (NODA) published in the Federal 
Register on February 25, 2021 (87 FR 10786), EPA provided notice of the 
preliminary calculations of NUSA allowance allocations for the 2021 
control periods and described the process for submitting any 
objections. This NODA concerns the final NUSA allowance allocations.
    In response to the February 25, 2021 NODA, EPA received written 
objections from Wisconsin Electric Power Company and the Wisconsin 
Department of Natural Resources. Both objections state that when 
calculating the allocation of CSAPR SO2 Group 1 allowances 
for unit 2 at the Elm Road Generating Station (Plant ID 56068), EPA 
should have used a value of 315 tons instead of 262 tons for the unit's 
reported 2021 SO2 emissions. Based on a review of the 
reported 2021 emissions data, EPA agrees with these objections and 
accordingly has corrected the final NUSA allowance allocations for the 
CSAPR SO2 Group 1 Trading Program for Wisconsin to reflect a 
53-ton increase in the amount of NUSA allowances allocated to Elm Road 
unit 2 and a corresponding 53-ton decrease in the collective amounts of 
NUSA allowances allocated to the state's ``existing'' units. EPA 
received no other written objections, and all other final allocations 
are unchanged from the preliminary allocations.
    The detailed unit-by-unit data and final allowance allocation 
calculations are set forth in Excel spreadsheets titled 
``CSAPR_NUSA_2021_NOX_OS_Final_Data_Existing_Units,'' and 
``CSAPR_NUSA_2021_SO2_Final_Data_Existing_Units'', available 
on EPA's website at https://www.epa.gov/csapr/csapr-compliance-year-2021-nusa-nodas.
    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), 97.811(c), and 97.1011(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), 
97.811(b), and 97.1011(b).)

Rona Birnbaum,
Director, Clean Air Markets Division, Office of Atmospheric Programs, 
Office of Air and Radiation.
[FR Doc. 2022-08157 Filed 4-15-22; 8:45 am]