[Federal Register Volume 88, Number 38 (Monday, February 27, 2023)]
[Notices]
[Pages 12356-12357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03989]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9542-03-OAR]


Allocations of Cross-State Air Pollution Rule Allowances From New 
Unit Set-Asides for 2022 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 
allocations of allowances from the CSAPR new unit set-asides (NUSAs) 
for the 2022 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 allocations.

DATES: Objections to the information referenced in this notice must be 
received on or before March 29, 2023.

ADDRESSES: Submit your objections via email to [email protected]. Include 
``2022 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

[[Page 12357]]

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.
    This notice concerns preliminary calculations for the NUSA 
allowance allocations for the 2022 control periods. Generally, the 
allocation procedures call for each eligible ``new'' unit to receive a 
2022 NUSA allocation equal to its 2022 control period emissions as 
reported under 40 CFR part 75 unless the total of such allocations to 
all such 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), 97.806(c)(3), and 97.1006(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.) 
Any allowances not allocated to eligible ``new'' units are allocated to 
the state's ``existing'' units in proportion to such existing units' 
previous allocations from the portion of the respective state's 
emissions budget for the control period that was not reserved in a NUSA 
(or Indian country NUSA).
    The detailed unit-by-unit data and preliminary allowance allocation 
calculations for ``new'' units are set forth in Excel spreadsheets 
titled ``CSAPR_NUSA_2022_NOX_Annual_Prelim_Data_New_Units'', 
``CSAPR_NUSA_2022_NOX_OS_Prelim_Data_New_Units'', and 
``CSAPR_NUSA_2022_SO2_Prelim_Data_New_Units'', available on 
EPA's website at https://www.epa.gov/csapr/csapr-allowance-allocations#nusa. Each of the spreadsheets contains a separate 
worksheet for each state covered by that program showing, for each unit 
identified as eligible for a NUSA allocation, (1) the unit's emissions 
in the 2022 control period (annual or ozone season as applicable), (2) 
the maximum 2022 NUSA allowance allocation for which the unit is 
eligible (typically the unit's emissions in the 2022 control period), 
(3) various adjustments to the unit's maximum allocation if the NUSA 
pool is oversubscribed, and (4) the preliminary calculation of the 
unit's 2022 NUSA allowance allocation.
    Each state worksheet for ``new'' units also contains a summary 
showing (1) the quantity of allowances initially available in that 
state's 2022 NUSA, (2) the sum of the 2022 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 2022 NUSA for allocation to existing units, again 
assuming there are no corrections to the data.
    The preliminary calculations of allocations of the remaining 
unallocated allowances to ``existing'' units are set forth in Excel 
spreadsheets titled 
``CSAPR_NUSA_2022_NOX_Annual_Prelim_Data_Existing_Units'', 
``CSAPR_NUSA_2022_NOX_OS_Prelim_Data_Existing_Units'', and 
``CSAPR_NUSA_2022_SO2_Prelim_Data_Existing_Units'', 
available at the same location.
    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), 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. 2023-03989 Filed 2-24-23; 8:45 am]
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