[Federal Register Volume 80, Number 218 (Thursday, November 12, 2015)]
[Rules and Regulations]
[Pages 69883-69884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28766]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 97

[FRL-9936-99-OAR]


Allocations of Cross-State Air Pollution Rule Allowances From New 
Unit Set-Asides for the 2015 Compliance Year

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; notice of data availability (NODA).

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SUMMARY: The Environmental Protection Agency (EPA) is providing notice 
of emission allowance allocations to certain units under the new unit 
set-aside (NUSA) provisions of the Cross-State Air Pollution Rule 
(CSAPR) federal implementation plans (FIPs). EPA has completed final 
calculations for the second round of NUSA allowance allocations for the 
2015 compliance year of the CSAPR NOX Ozone Season Trading 
Program. EPA has posted spreadsheets showing the second-round 2015 NUSA 
allocations of CSAPR NOX Ozone Season allowances to new 
units as well as the allocations to existing units of the remaining 
CSAPR NOX Ozone Season allowances not allocated to new units 
in either round of the 2015 NUSA allocation process. EPA will record 
the allocated CSAPR NOX Ozone Season allowances in sources' 
Allowance Management System (AMS) accounts by November 16, 2015.\1\
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    \1\ Under 40 CFR 97.521(i), the deadline for EPA recordation of 
these allowances allocated under 40 CFR 97.511 and 97.512 for 2015 
is November 15, 2015. However, since November 15, 2015 falls on a 
Sunday, under 40 CFR 97.507(c), the deadline for EPA recordation of 
allocations is the next business day, which is Monday, November 16, 
2015.

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DATES: November 12, 2015.

FOR FURTHER INFORMATION CONTACT: Questions concerning this action 
should be addressed to Robert Miller at (202) 343-9077 or 
[email protected] or to Kenon Smith at (202) 343-9164 or 
[email protected].

SUPPLEMENTARY INFORMATION: Under the CSAPR FIPs, a portion of each 
state budget for each of the four CSAPR trading programs is reserved as 
a NUSA from which allowances are allocated to eligible units through an 
annual one- or two-round process. EPA has described the CSAPR NUSA 
allocation process in three NODAs previously published in the Federal 
Register (80 FR 30988, June 1, 2015; 80 FR 44882, July 28, 2015; 80 FR 
55061, September 14, 2015). In the most recent of these previous NODAs, 
EPA provided notice of preliminary lists of new units eligible for 
second-round 2015 NUSA allocations of CSAPR NOX Ozone Season 
allowances and provided an opportunity for the public to submit 
objections.
    EPA received no substantive objections to the preliminary lists of 
new units eligible for second-round 2015 NUSA allocations of CSAPR 
NOX Ozone Season allowances whose availability was announced 
in the September 14 NODA. The only written objection that EPA received 
concerned the format of the data rather than the substance. EPA is 
therefore making second-round 2015 NUSA allocations of CSAPR 
NOX Ozone Season allowances to the new units identified on 
these lists in accordance with the procedures set forth in 40 CFR 
97.512(a)(9) and (12).
    As described in the September 14 NODA, any allowances remaining in 
the CSAPR NOX Ozone Season NUSA for a given state and 
control period after the second round of NUSA allocations to new units 
are to be allocated to the existing units in the state according to the 
procedures set forth in 40 CFR 97.512(a)(10) and (12). EPA has 
determined that CSAPR NOX Ozone Season allowances do remain 
in the NUSAs for a number of states following completion of second-
round 2015 NUSA allocations; accordingly, EPA is allocating these 
allowances to existing units. The NUSA allowances are generally 
allocated to the existing units in proportion to the allocations 
previously made to the existing units under 40 CFR 97.511(a)(1), 
adjusted for rounding.
    Under 40 CFR 97.512(b)(10), any allowances remaining in the CSAPR 
NOX Ozone Season Indian country NUSA for a given state and 
control period after the second round of Indian country NUSA 
allocations to new units are added to the NUSA for that state or are 
made available for allocation by the state pursuant to an approved SIP 
revision. No new units eligible for allocations of CSAPR NOX 
Ozone Season allowances from any 2015 Indian country NUSA have been 
identified, and no state has an approved SIP revision governing 
allocation of 2015 CSAPR allowances. The Indian country NUSA allowances 
are therefore being added to the NUSAs for the respective states and 
are included in the pools of allowances that are being allocated to 
existing units under 40 CFR 97.512(10) and (12).
    The final unit-by-unit data and allowance allocation calculations 
are set forth in Excel spreadsheets titled 
``CSAPR_NUSA_2015_NOX_OS_2nd_Round_Final_Data_New_Units'', 
and 
``CSAPR_NUSA_2015_NOX_OS_2nd_Round_Final_Data_Existing_Units'
', available on EPA's Web site at http://www.epa.gov/crossstaterule/actions.html.
    Pursuant to CSAPR's allowance recordation timing requirements, the 
allocated NUSA allowances will be recorded in sources' AMS accounts by 
November 16, 2015. 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 NUSA 
allocations of CSAPR NOX Ozone Season allowances are subject 
to potential correction if a unit to which NUSA allowances have been 
allocated for a given compliance

[[Page 69884]]

year is not actually an affected unit as of May 1 of the compliance 
year.\2\
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    \2\ See 40 CFR 97.511(c).

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    Authority: 40 CFR 97.511(b).

    Dated: November 4, 2015.
Reid P. Harvey,
Director, Clean Air Markets Division, Office of Atmospheric Programs, 
Office of Air and Radiation.
[FR Doc. 2015-28766 Filed 11-10-15; 8:45 am]
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