Notice of Data Availability for EGU NOX, 44283-44291 [E6-12628]
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Federal Register / Vol. 71, No. 150 / Friday, August 4, 2006 / Notices
Efficiency Innovations; and two special
awards categories: (1) Outstanding
Individual Achievement Award. (2)
Cross-Category Award. Awards are
given on an annual basis and are for
recognition only.
Entry Requirements: All applicants
are asked to submit their entry on a
CAEAP entry form, contained in the
CAEAP Entry Package, which may be
obtained from the Clean Air Act
Advisory Committee (CAAAC) Web site
at https://www.epa.gov/oar/caaac by
clicking on Awards Program or by
contacting Mr. Pat Childers, U.S. EPA at
202–564–1082 or 202–564–1352 (Fax),
mailing address: Office of Air and
Radiation (6102A), 1200 Pennsylvania
Avenue, NW., Washington, DC 20004.
The entry form is a simple, three-part
form asking for general information on
the applicant and the proposed entry;
asking for a description of why the entry
is deserving of an award; and requiring
information from three (3) independent
references for the proposed entry.
Applicants should also submit
additional supporting documentation as
necessary. Specific directions and
information on filing an entry form are
included in the Entry Package.
Judging and Award Criteria: Judging
will be accomplished through a
screening process conducted by EPA
staff, with input from outside subject
experts, as needed. Members of the
CAAAC will provide advice to EPA on
the entries. The final award decisions
will be made by the EPA Assistant
Administrator for Air and Radiation.
Entries will be judged using both
general criteria and criteria specific to
each individual category. There are four
(4) general criteria: (1) The entry
directly or indirectly (i.e., by
encouraging actions) reduces emissions
of criteria pollutants or hazardous/toxic
air pollutants; (2) The entry
demonstrates innovation and
uniqueness; (3) The entry provides a
model for others to follow (i.e., it is
replicable); and (4) The positive
outcomes from the entry are continuing/
sustainable. Although not required to
win an award, the following general
criteria will also be considered in the
judging process: (1) The entry has
positive effects on other environmental
media in addition to air; (2) The entry
Demonstrates effective collaboration
and partnerships; and (3) The
individual or organization submitting
the entry has effectively measured/
evaluated the outcomes of the project,
program, technology, etc. As previously
mentioned, additional criteria will be
used for each individual award
category. These criteria are listed in the
2006 Entry Package.
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Inspection of Committee Documents:
The Committee agenda and any
documents prepared for the meeting
will be publicly available at the
meeting. Thereafter, these documents,
together with CAAAC meeting minutes,
will be available by contacting the
Office of Air and Radiation Docket and
requesting information under docket
OAR–2004–0075. The Docket office can
be reached by telephoning 202–260–
7548; FAX 202–260–4400.
Dated: August 2, 2006.
Patrick Childers,
Designated Federal Official for Clean Air Act
Advisory Committee.
[FR Doc. E6–12637 Filed 8–3–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OAR–2004–0076; FRL–8205–6]
Notice of Data Availability for EGU NOX
Annual and NOX Ozone Season
Allocations for the Clean Air Interstate
Rule Federal Implementation Plan
Trading Programs
Environmental Protection
Agency (EPA).
ACTION: Notice of data availability
(NODA).
AGENCY:
SUMMARY: On March 15, 2006, EPA
promulgated Federal Implementation
Plans (FIPs) for all States covered by the
Clean Air Interstate Rule (CAIR). The
FIPs will regulate electric generating
units (EGUs) in the affected States and
achieve the emission reductions
required by CAIR until each affected
State has an approved CAIR State
Implementation Plan (SIP) to achieve
the reductions. The Agency
promulgated FIPs to provide a federal
backstop for CAIR. EPA will withdraw
a State’s FIP in coordination with
approval of a SIP implementing the
requirements of CAIR.
Today’s action relates to the CAIR FIP
regulatory text, which indicates that the
Administrator will determine by order
the CAIR NOX allowance allocations. In
the CAIR FIP preamble, EPA also
indicated its intention to publish a
NODA with NOX allowance allocations
for 2009 through 2014, provide the
public with the opportunity to object to
the data, and then publish a final NODA
(adjusted if necessary).
In today’s NODA, the EPA is making
available to the public data relating to
NOX annual and NOX ozone season
allocations under the CAIR FIP that EPA
will allocate to individual existing units
covered by the CAIR FIP NOX annual
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44283
and NOX ozone season trading programs
for 2009–2014. These allocations use
data from the U.S. Environmental
Protection Agency’s Clean Air Markets
Division’s (CAMD) database (which
contains data reported under the Acid
Rain Program), U.S. Energy Information
Administration (EIA) database, and data
previously provided to EPA by sources.
The NODA references, or presents in
tables, all these data and the NOX
annual and NOX ozone season
allowance allocations calculated using
the data and the allocation formulas
finalized in the CAIR FIP, for existing
units for 2009 through 2014.
DATES: Objections must be received on
or before September 5, 2006.
ADDRESSES: Submit your objections,
identified by Docket Number OAR–
2004–0076 by one of the following
methods:
A. Federal Rulemaking Portal: https://
www.regulations.gov. Today’s action is
not a rulemaking, but you may use the
Federal Rulemaking Portal to submit
objections to the NODA. To submit
objections, follow the online
instructions for submitting comments.
B. Mail: Air Docket, ATTN: Docket
Number OAR–2004–0076,
Environmental Protection Agency, Mail
Code: 6102T, 1200 Pennsylvania Ave.,
NW., Washington, DC 20460.
C. E-mail: A-AND-R-Docket@epa.gov.
D. Hand Delivery: EPA Docket Center,
1301 Constitution Avenue, NW., Room
B102, Washington, DC. Such deliveries
are only accepted during the Docket’s
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Note: The EPA Docket Center suffered
damage due to flooding during the last week
of June 2006. The Docket Center is
continuing to operate. However, during the
cleanup, there will be temporary changes to
Docket Center telephone numbers, addresses,
and hours of operation for people who wish
to make hand deliveries or visit the Public
Reading Room to view documents. Consult
EPA’s Federal Register notice at 71 FR 38147
(July 5, 2006) or the EPA Web site at
https://www.epa.gov/epahome/dockets.htm
for current information on docket operations,
locations and telephone numbers. The
Docket Center’s mailing address for U.S. mail
and the procedure for submitting comments
to www.regulations.gov are not affected by
the flooding and will remain the same.
Instructions: Direct your objections to
Docket ID No. OAR–2004–0076. The
EPA’s policy is that all objections
received will be included in the public
docket without change and may be
made available online at https://
www.epa.gov/edocket, including any
personal information provided, unless
the objection includes information
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claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your objection.
If you send an e-mail objection directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the objection
that is placed in the public docket and
made available on the Internet. If you
submit an electronic objection, EPA
recommends that you include your
name and other contact information in
the body of your objection and with any
disk or CD–ROM you submit. If EPA is
unable to read your objection and
contact you for clarification due to
technical difficulties, EPA may not be
able to consider your objection.
Electronic files should avoid the use of
special characters and any form of
encryption and should be free of any
defects or viruses.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, i.e., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically in
www.regulations.gov or in hard copy at
the EPA Docket Center, EPA West,
Room B102, 1301 Constitution Avenue,
NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the Air Docket is (202) 566–
1742.
FOR FURTHER INFORMATION CONTACT:
General questions concerning today’s
action and technical questions
concerning heat input or fuel data
should be addressed to Brian Fisher,
USEPA Headquarters, Ariel Rios
Building, 1200 Pennsylvania Ave., Mail
Code 6204 J, Washington, DC 20460.
Telephone at (202) 343–9633, e-mail at
fisher.brian@epa.gov. If mailing by
courier, address package to Brian Fisher,
1310 L St., NW, RM #713G, Washington,
DC 20005.
SUPPLEMENTARY INFORMATION:
Category
NAICS code
Industry .......................................................................................
Federal Government ...................................................................
State/local/Tribal government .....................................................
221112
221122
221122
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921150
This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
regulated by this action. If you have any
questions regarding the applicability of
this action to a particular entity, consult
the person listed in the preceding
section under FOR FURTHER INFORMATION
CONTACT.
The NOX allowance allocations in
today’s NODA are for existing units.
Existing units are units that commenced
operation before January 1, 2001. New
units, which commence operation on or
after January 1, 2001, will initially
receive allowances through the new unit
set aside. Once new units have
established a five year baseline, they
will be incorporated into the calculation
for allowances for existing units.
The CAIR FIP rule states units will be
subject to the CAIR FIP trading
programs (i.e, to the CAIR FIP SO2, NOX
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Certain cogeneration units are exempt
from the CAIR FIP trading programs.
Cogeneration units are units having
equipment used to produce electricity
and useful thermal energy for industrial,
commercial, heating, or cooling
purposes through sequential use of
energy and meeting certain operating
Fmt 4703
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This action relates to §§ 97.141 and
97.341 of the CAIR FIP. These sections
indicate that the Administrator will
determine by order the CAIR NOX
allowance allocations. In the CAIR FIP
preamble, EPA stated its intention to
publish a NODA with NOX allowance
allocations for 2009 through 2014 (71
FR 25352).
Does This Action Apply to Me?
Categories and entities potentially
regulated by this action include the
following:
Fossil fuel-fired electric utility steam generating units.
Fossil fuel-fired electric utility steam generating units.
Fossil fuel-fired electric utility steam generating units owned
by municipalities.
Fossil fuel-fired electric utility steam generating units in Indian
Country.
Cogeneration Unit Exemption
Frm 00031
1. General Information
Examples of potentially regulated entities
annual, or NOX ozone season programs,
as appropriate) if they are a stationary,
fossil-fuel-fired boiler or stationary,
fossil-fuel-fired combustion turbine
serving at any time on or after
November 15, 1990 or the start-up of the
unit’s combustion chamber, a generator
with nameplate capacity of more than
25 MWe producing electricity for sale.
Certain cogeneration units or solid
waste incineration units are exempt
from the CAIR FIP and are described
below.
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Outline
1. General Information.
2. What Is Today’s Action?
3. How Are the Data in This NODA Related
to the CAIR FIP NOX Allowance
Allocations?
4. What Are the Sources of the EPA’s Data?
5. How Do I Interpret the Data Tables
Presented in Today’s NODA?
6. Why Is the EPA Providing Opportunity To
Object to These Data and the
Calculations Using the Data in the
Allocation Formula?
7. What Data Are EPA Making Available for
Review and Objection?
8. Where Can I Get the Data?
9. On What Topics Is EPA Not Requesting
Objections?
10. What Supporting Documentation Do I
Need To Provide With My Objection?
and efficiency standards. The program
has different applicability provisions for
non-cogeneration units and
cogeneration units. Any cogeneration
unit serving (since the later of
November 15, 1990 or the start-up of the
unit) a generator with a nameplate
capacity greater than 25 MWe,
supplying more than 1⁄3 potential
electric output capacity, and more than
219,000 Mw-hrs, annually to any utility
power distribution system for sale will
be subject to the requirements of the
CAIR FIP trading rules. Otherwise, a
cogeneration unit will qualify for an
exemption.
Solid Waste Incinerator Exemption
A solid waste incineration unit
commencing operation before January 1,
1985, for which the average annual fuel
consumption of non-fossil fuels during
1985–1987 exceeded 80 percent and the
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average annual fuel consumption of
non-fossil fuels during any 3
consecutive calendar years after 1990
exceeds 80 percent, is not subject to the
CAIR FIP cap-and-trade program.
Further, a solid waste incineration unit
commencing operation on or after
January 1, 1985, for which the average
annual fuel consumption of non-fossil
fuels for the first 3 calendar years of
operation exceeds 80 percent and the
average annual fuel consumption of
non-fossil fuels during any 3
consecutive calendar years after 1990
exceeds 80%, is not subject to the CAIR
FIP cap- and trade program.
What Should I Consider as I Prepare My
Objections for EPA?
To expedite review of your objections
by Agency staff, you are encouraged to
send a separate copy of your objections,
in addition to the copy you submit to
the official docket, to Brian Fisher U.S.
EPA, Ariel Rios Building, Mail Code
6204J, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460. Telephone (202)
343–9633, e-mail fisher.brian@epa.gov.
If you e-mail the copy of your objections
to Mr. Fisher, put ‘‘objection for Docket
Number OAR–2004–0076’’ in the
subject line to alert Mr. Fisher that an
objection is included. If mailing by
courier, address package to Brian Fisher,
1310 L St., NW., RM #713G,
Washington, DC 20005.
Do not submit CBI to EPA through
https://www.regulations.gov or e-mail.
Clearly mark any portion of the
information that you claim to be CBI.
For CBI information in a disk or CD
ROM that you mail to EPA, mark the
outside of the disk or CD ROM as CBI
and then identify electronically within
the disk or CD ROM the specific
information that is claimed as CBI. In
addition to one complete version of the
objection that includes information
claimed as CBI, a copy of the objection
that does not contain the information
claimed as CBI must be submitted for
inclusion in the public docket.
Information so marked will not be
disclosed except in accordance with
procedures set forth in 40 CFR part 2.
Send or deliver information identified
as CBI only to the following address:
Brian Fisher, U.S. EPA, Office of Air
and Radiation, Mail Code 6204J, 1200
Pennsylvania Avenue, NW, Washington
DC 20460.
When submitting objections,
remember to:
(1) Identify the NODA by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
(2) Follow directions—The Agency
may ask you to respond to specific
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questions or organize objections in a
specific manner.
(3) Make sure to submit your
objections by the deadline identified.
2. What is Today’s Action?
In the March 15, 2006 final action on
the CAIR FIP, the EPA finalized NOX
annual and ozone season trading
programs for EGUs as the federal
implementation remedy for CAIR. The
EPA decided to adopt, as the FIP for
each State in the CAIR region, the model
cap-and-trade programs in the final
CAIR, modified slightly to allow for
federal instead of State implementation
(as revised March 15, 2006).
These programs include a NOX annual
trading program and NOX ozone season
trading program. As explained in the
CAIR FIP Notice of Final Rulemaking
(NFR), the FIP NOX annual and NOX
ozone season trading programs require
CAIR sources to hold allowances
sufficient to cover their emissions for
each control period. A NOX annual
allowance will authorize the emission of
a ton of NOX during a calendar year, and
a NOX ozone season allowance will
authorize the emission of a ton of NOX
during an ozone season (May 1 through
September 30).
In the CAIR FIP NFR, EPA adopted
the State NOX annual and NOX ozone
season emission budgets for each State
covered by a CAIR FIP (see Tables V–
1 and V–2 in the CAIR FIP NFR); these
are the same State emission budgets as
finalized in the CAIR. For each State
covered by the CAIR FIP NOX trading
programs, the State NOX budgets are the
total amount of allowances that EPA
will allocate to sources in that State for
use in the FIP NOX trading programs.
EPA determined the method for
allocating NOX annual and NOX ozone
season allowances under the FIP
through a process that included
extensive public participation. Today’s
action does not reopen for public
comment the CAIR FIP NOX allocation
method, the state budgets, or any other
aspects of the CAIR or CAIR FIP
rulemakings.
Today, we are making available the
inventory of existing units that currently
are potential CAIR units, the data on
which the inventory is based, the data
used to calculate the allocation of NOX
allowances to individual existing
potential CAIR units under the CAIR
FIP, and the resulting allowance
allocations themselves. Today’s action
explains what the data are, where they
came from, and what issues are open to
objection. The purpose of making the
data available for objection is to ensure
that we base the NOX FIP allocations on
the best available data. Under the CAIR
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44285
FIP trading rules (40 CFR 97.142(a)(3)
and 97.342(a)(3)), we will determine
what data are the best available by
‘‘weighing the likelihood that data are
accurate and reliable and giving greater
weight to data submitted to a
governmental entity in compliance with
legal requirements or substantiated by
an independent entity.’’ EPA is
providing unit owners, unit operators,
and the public an opportunity to make
objections to any of the data made
available in this NODA and used to
develop the above-described inventory
and allocations. Any person objecting to
any of the data should explain the basis
for his or her objection and should
provide alternative data and explain
why they comprise the best available
data. EPA intends to publish a NODA
with the final FIP NOX allocations for
2009 through 2014 (adjusted if
necessary in light of any objections) by
fall of 2006.
The Agency’s preference is for States
to make decisions about NOX
allocations for their sources. Although
in today’s action EPA is determining
NOX allocations for the CAIR FIP
trading programs, we intend to record
EPA-determined allocations in
allowance accounts only for sources
located in a State without a timely,
approved CAIR SIP revision or a timely,
approved abbreviated CAIR SIP revision
providing for State-determined
allocations.
Deadlines for States to submit CAIR
SIP revisions and associated NOX
allocations and for EPA to record NOX
allocations in source accounts are as
finalized in the CAIR (see 70 FR 25162,
25323 and 25326) and CAIR FIP (see 71
FR 25328, 25352–55). EPA discusses
these deadlines herein for information
only; EPA is not reopening for public
comment those final deadlines. As
finalized in the CAIR and CAIR FIP
NFRs, SIP submission deadlines are as
follows:
• Full CAIR SIP revision: submit SIP
revision by September 11, 2006 and
initial set of NOX allocations (covering
at least 2009 through 2011) by October
31, 2006;
• Abbreviated SIP revision: 1 submit
SIP revision by March 31, 2007 and
initial set of NOX allocations (covering
at least 2009 through 2011) by April 30,
2007.
In today’s action EPA determines
CAIR NOX allocations covering 2009
through 2014 under the FIP. As
finalized in the CAIR FIP NFR, the
Agency will record EPA-determined
CAIR NOX allocations in source
1 See CAIR FIP NFR (71 FR 25352) for further
discussion of abbreviated CAIR SIP revisions.
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accounts one year at a time for 2009 and
2010 in order to provide flexibility to
States to determine allocations for their
sources. The final schedule for
recording CAIR NOX allocations under
the FIP in source accounts is shown in
Table VI–2 in the CAIR FIP NFR
preamble and reproduced here for
informational purposes:
TABLE I.—RECORDATION DEADLINES
FOR CAIR FIP NOX ALLOCATIONS
CAIR control period
Deadline by which FIP NOX allocations are recorded (EPA-determined allocations or Statedetermined allocations using abbreviated SIP revision)
2009
2010
2011
2012
2013
2014
2015
2016
September 30, 2007.
September 30, 2008.
September 30, 2009.
September 30, 2009.
September 30, 2009.
December 1, 2010.
December 1, 2011.
December 1, 2012.
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3. How Are the Data in This NODA
Related to the CAIR FIP NOX
Allowance Allocations?
In the CAIR FIP NFR, EPA finalized
the schedule for determining and
recording NOX allocations. EPA also
finalized a methodology for calculating
unit level NOX allowances. Today’s
NODA provides the unit level NOX
allocations for existing potential CAIR
units for 2009–2014 calculated using
this methodology, as well as the data
used in determining the inventory of
existing potential CAIR units and in
making the allowance calculations.
As provided in the CAIR FIP NOX
annual and ozone season trading rules
(see 40 CFR 97.141 and 97.341), EPA is
publishing this NODA with CAIR FIP
NOX allocations for existing potential
CAIR units for 2009–2014 and providing
the public with the opportunity to
submit objections addressing whether
any individual unit is treated as an
existing potential CAIR unit eligible for
allowance allocations in accordance
with the applicability provisions in
these trading rules (see 40 CFR 97.104
and 97.305) and whether any unit
allocation is determined in accordance
with the allocation provisions in these
trading rules (see 40 CFR 97.142 and
97.342). For example, objections may be
submitted concerning any of the data
used in developing the inventory or in
calculating any of the allocations. EPA
intends to publish a subsequent NODA
with final NOX allocations for 2009
through 2014 (adjusted if necessary in
response to objections) in the fall of
2006.
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In the CAIR FIP NFR, EPA finalized
an allocation approach for NOX annual
and ozone season allowances for
existing units (i.e, units commencing
operation before January 1, 2001) and
new units (i.e, units commencing
operation on or after January 1, 2001)
that is consistent with the example
methodology in the CAIR SIP model
trading rules. EPA used the NOX
allocation method finalized in the FIP
NFR to calculate the existing unit NOX
allocations in today’s NODA. Today’s
action does not address new unit
allocations. New unit allocation
provisions under the CAIR FIP may be
found in §§ 97.141, 97.341, 97.153 and
97.353. See 71 FR 25356–58 for detailed
description of the allocation method.
The NOX allocation method in the
CAIR FIP NFR was finalized through a
process that involved significant public
participation. EPA is not reopening the
allocation method for public comment.
EPA provides a summary of the NOX
allocation method herein for
informational purposes only.
Allocations in today’s NODA are for
existing units for the first 6 control
periods (2009 through 2014) of the CAIR
NOX annual and NOX ozone season
trading programs. The NOX allocation
method finalized in the CAIR FIP NFR
allocates by using annual heat input
data from the years 2000 through 2004
to develop baseline heat inputs. These
heat input values are adjusted using fuel
adjustment factors (1.0 for coal-fired
units, 0.6 for oil-fired units, and 0.4 for
units fired with all other fuels (e.g.,
natural gas)). The 3 highest annual heat
input values for the unit are averaged to
determine the unit’s adjusted baseline
heat input. Finally, the total amount of
allowances available for allocation each
year to existing units in a given state
(i.e, 95% of the state trading budget) is
allocated to each individual unit in
proportion to the unit’s share of the total
adjusted baseline heat input for all
existing units in the State. The same
methodology applies for ozone season
allowances, only ozone season heat
input is used in place of annual heat
input.
Today’s NODA provides unit NOX
allocations calculated according to the
method finalized in the CAIR FIP NFR.
Section 8 of this NODA describes where
to locate the allocation tables. The heat
input and fuel use data used to
determine these allocations are
described in section 4 of this NODA.
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4. What Are The Sources of EPA’s Data?
A. Development of the Inventory of
Existing Potential CAIR Units
Diagram 1 in the Technical Support
Document (TSD) provides a general
overview of how the inventory of
existing potential CAIR units was
developed. Any existing unit currently
reporting monitoring data under the
Acid Rain Program (referred to in this
NODA as ‘‘Acid Rain units’’) in a CAIR
FIP State, except for an Acid Rain
Program opt-in unit, was included as an
existing potential CAIR unit. The list of
Acid Rain units in the States was
generated from EPA’s Acid Rain
Program database. Units not reporting
monitoring data under the Acid Rain
Program (referred to in this NODA as
‘‘non-Acid Rain units’’) that are existing
potential CAIR units were identified
using data reported by owners of
generators to the Energy Information
Administration (EIA) on forms 860 and
767.
From the EIA form 860 database, we
identified, for non-Acid Rain units, all
generators with a nameplate capacity
greater than 25 MWe served by a boiler
or turbine with a fossil fuel energy
source. In determining whether a unit
has a fossil fuel energy source, we
applied the definition of ‘‘fossil fuel’’ in
the CAIR FIP (40 CFR 97.102). From that
list we then excluded generators as
follows:
• We excluded generators which did
not sell electricity to a utility based on
EIA form 860b data from 1999 and 2000.
EIA form 860b sales data were not
available after 2000 due to changes in
the EIA form 860b. Consequently, our
exclusion of generators for purposes of
allocating allowances does not
necessarily mean that these generators
are excluded for purposes of
determining whether boilers or turbines
serving them are CAIR units. EPA
believes that many of these units are
likely not subject to CAIR. However, if,
on or after November 15, 1990, any of
these generators produced electricity
that was sold, the units serving that
generator are likely subject to CAIR. If,
since November 15, 1990, any of these
generators produced electricity that was
sold, the owners and operators of the
units serving the generator should
provide EPA, in objections in response
to this NODA, information on the
amounts and timing of the sales, the
purchasing parties, the effect of such
sales on appropriate treatment of the
units as covered or not covered by
CAIR, and (if any of the units should be
treated as potential CAIR units) the
necessary data for allocation of
allowances.
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• From EIA form 860, we excluded
generators at municipal waste
combustors. The CAIR rule provides an
exemption for solid waste incineration
units similar to the Acid Rain Program
exemption in 40 CFR Part 72.
If any of the units serving the
excluded generators do not meet the
requirements of the CAIR exemption for
solid waste incineration units, the
owners and operators of the units
should provide EPA, in response to this
NODA, the information showing that
these exemption requirements are not
met, and the necessary data for
allocation of allowances.
• From EIA form 860b (1999 and
2000), we excluded all generators at
facilities that were certified (in
accordance with Federal Energy
Regulatory Commission (FERC)
regulations) as qualifying cogeneration
facilities and that had annual, plantwide sales of one third or less of the
potential generating capacity, or had
annual sales less than 219,000 MW-hrs,
to an electric utility. This information
was only available at the plant level.
Since electricity sales data were not
available at the unit level for other years
and a unit must meet these criteria
annually to qualify for the cogeneration
exemption, exclusion of generators for
allocating allowances in this notice does
not necessarily mean that boilers and
combustion turbines serving the
generators are not CAIR units.
Moreover, FERC regulations require, as
part of the criteria for qualifying
cogeneration facilities, that facilities
meet certain efficiency requirements to
the extent natural gas or oil is
combusted. Under CAIR, a unit must
meet the efficiency requirements with
regard to all fuel types combusted.
Consequently, exclusion of generators
for allocating allowances in this notice
does not necessarily mean that boilers
and combustion turbines serving the
generators are not CAIR units. If any of
the units serving the excluded
generators do not meet the requirements
of the CAIR exemption for cogeneration
units, the owners and operators of the
units should provide EPA, in response
to this NODA, the information showing
that these exemption requirements are
not met and the necessary data for
allocation of allowances for the units.
For example, the owners and operators
of a unit that was not included in the
list of potential CAIR units based on
1999 and 2000 sales data and
cogeneration status, should verify that
the criteria for the cogeneration
exemption are met (including years after
2000). If the unit served a generator
producing electricity for sale, to a utility
distribution system, exceeding 1⁄3 of the
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unit’s potential electrical output
capacity and more than 219,000 MW-hrs
in any year, or if the unit did not meet
the efficiency requirements under CAIR
in any year, the unit would not appear
to qualify for the cogeneration
exemption and the owners and
operators of the unit should provide
EPA the information showing that these
exemption requirements are not met and
the necessary allowance allocation data.
From the EIA form 767 database, we
identified as potential CAIR units all
boilers located at non-Acid Rain plants
(commencing operation before January
1, 2001) serving the generators
remaining on the generator list after the
above-described exclusions. Simple and
combined cycle combustion turbines
were identified based directly on the
generator ID and prime mover type in
EIA form 860.
From EIA form 860 we also identified
all simple combustion turbines, at Acid
Rain plants, with a nameplate capacity
greater than 25 MWe, a fossil fuel
energy source, and an online date prior
to January 1991. These simple
combustion turbines are potential CAIR
units even though they may be nonAcid Rain units since they have
reported to EIA that they sell electricity
to a utility based on EIA form 860b data
from 1999 and 2000 and serve a
generator greater than 25 MWe.
The resulting list of non-Acid Rain
units was also checked against EPA’s
National Electric Energy Data System
(NEEDS) database. The NEEDS database
contains a list of electric generating
units used to construct the ‘‘model’’
plants that represent existing and
planned/committed units in EPA
modeling applications of the Integrated
Planning Model (IPM). The NEEDs
check resulted in the addition of a
number of non-Acid Rain pre-1991
combined cycle combustion turbines at
Acid Rain plants and biomass-fired
boilers that burn a small amount of
fossil fuel.
EPA also included specific units in
the list of existing potential CAIR units
based on previous comments and
supporting data submitted to the EPA by
the owners or operators of the units
involved.
EPA notes that inclusion of a unit in,
or exclusion of a unit from, the
inventory of existing potential CAIR
units reflects only a preliminary
application of the applicability of CAIR
and does not constitute a final
determination concerning the
applicability of CAIR to the unit. As
discussed above, the inventory is being
developed in order to enable EPA to
calculate allowance allocations for
existing units, and the data that EPA
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used in developing the inventory are not
complete and have certain limitations.
While allocations are to be based on the
best available data provided to EPA
when allocations are being calculated,
applicability must be determined based
on the relevant, actual data, whether or
not the actual data are provided at the
time allocations are made. In fact,
because an inventory developed for
purposes of allowance allocation may
not be entirely consistent with final
applicability determinations,
§§ 97.142(e) and 97.342(e) establish
procedures to be applied when the
Administrator determines that a unit
that has been allocated allowances turns
out not to actually be a CAIR unit. For
example, if this determination is made
after the allowance allocation is
recorded but before deductions for
compliance with the allowance-holding
requirement are made under
§§ 97.154(b) and 97.354(b), the
Administrator will deduct the
allowances and transfer them to a new
unit set-aside for the appropriate State.
Owners and operators of units that
should be, but are not, included in the
inventory of existing potential CAIR
units should submit objections, in
response to this NODA, informing EPA
that the units should be added to the
inventory and allocated allowances,
consistent with the applicability criteria
in the CAIR FIP (in §§ 97.104 and
97.304). The data necessary for
allowance allocations should also be
provided. A unit that is not allocated
allowances because of its exclusion
from the inventory may ultimately be
determined to be a CAIR unit. Each
CAIR unit is subject to the allowanceholding requirements of CAIR regardless
of whether the unit is allocated any
allowances.
B. Annual and Ozone Season Fuel Heat
Input Data for Acid Rain Units
EPA used CAMD heat input data
reported by units under the Acid Rain
Program for 2000 through 2004 in order
to develop annual and ozone season
baseline heat input. Fuel-adjusted heat
input was calculated based on the
reported heat input and the primary fuel
type (by year) that was reported to EPA
in the unit’s Acid Rain Program
monitoring plan. For units that reported
coal as their primary fuel for the year,
EPA did not adjust their heat input. For
units reporting oil as their primary fuel,
EPA multiplied their heat input by 0.6.
If the primary fuel was not coal or oil,
the heat input for the year was
multiplied by 0.4.
For some units, the use of the primary
fuel type to identify the appropriate
CAIR fuel adjustment factor may not
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yield the same result as using the CAIR
FIP definition of ‘‘coal-fired’’ or ‘‘oilfired’’ to identify the appropriate factor.
Under the CAIR FIP, a coal-fired unit is
a unit which burns any amount of coal
in a year, and an oil-fired unit is a unit
which had more than 15% of its yearly
heat input from oil. The use of primary
fuel type will not match the CAIR FIP
definition in cases where coal was
burned in a year but was not listed as
the primary fuel, or when more than 15
percent of a year’s heat input was from
oil, but oil was not listed as the primary
fuel. EPA used the primary fuel type as
a surrogate for the data necessary to
apply the terms ‘‘coal fired’’ and ‘‘oil
fired’’, because under the Acid Rain
Program, more detailed fuel use data are
reported only for units using noncontinuous emission monitoring
methods. Because of this limitation on
the data used by EPA, the fuel-adjusted
heat input calculated for some units
may be lower than if the calculation
were based on more precise data.
Owners and operators should provide,
in response to this NODA, any available,
more precise data on fuel use.
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C. Annual and Ozone Season Fuel Heat
Input Data for Non-Acid Rain Units
EIA data, as well as Federal Energy
Regulatory Commission (FERC) form
423 data, were used to calculate annual
and ozone season fuel-adjusted baseline
heat input for non-Acid Rain units.2
The data sources and calculation
methods vary by the type of unit and
data year. The EIA and FERC databases
that were used were downloaded in
October 2005 and are available on EIA’s
Web site at https://www.eia.doe.gov/
cneaf/electricity/page/data.html.
We replaced the calculated ozone
season heat input data with data
reported to EPA under the OTC NOX
Budget Program and the NOX SIP Call
NOX Budget Trading Program, if
available. The reported heat input was
used in conjunction with information
regarding the primary fuel for the year
(reported in the monitoring plan) to
calculate the fuel-adjusted heat input.
In addition, EPA also utilized
information provided as part of the
CAIR rulemaking process. More
specifically, EPA used annual heat
input data submitted in response to
EPA’s CAIR Notice of Data Availability
published in the Federal Register on
April 6, 2004.
2 In
some cases, heat input information was not
available for all or a portion of the baseline period.
It was not clear whether this was the result of a unit
not operating or a unit failing to report its
operations. A zero value was applied for heat input
in these cases. This may have resulted in an
incorrect baseline heat input for the unit involved.
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Boilers
For 2000, fuel-adjusted annual and
ozone season heat input was calculated
for each utility boiler based on EIA form
767 monthly fuel use and heat content
data. The fuel-adjusted 2000 annual
heat input was calculated at the plant
level for non-utility boilers based on
EIA form 860b data. The fuel usage and
heat content information in EIA form
860b is reported at the plant level, so
the fuel-adjusted heat input was first
calculated for the plant and then
apportioned equally to each boiler (at
the plant) that is a potential CAIR unit.
The ozone season heat input for nonutility boilers was based on multiplying
the annual heat input by the fraction of
the five ozone-season months to 12
annual months (5⁄12).3
Beginning in 2001, both utility and
non-utility boilers reported using EIA
form 767, so fuel-adjusted heat input
was calculated for each boiler based on
monthly fuel usage and heat content
data from that EIA form for the 2001
through 2004 period.
Although data for 2000 was
developed as described above, EPA
decided not to use the 2000 data in
certain cases, i.e., where a plant
included both existing potential CAIR
units and existing units that are not
treated as potential CAIR units. Since in
those cases the 2000 unit level heat
input could not be determined for
existing potential CAIR units alone
without attributing to them heat input
that actually was for units that are not
potential CAIR units and this additional
heat input could be significant, EPA
decided, in those cases, to exclude the
2000 heat input data and use the
average of the three highest annual heat
input values during 2001–2004 in
calculating NOX allowance allocations.
In any case where the use of unit level
data (for 2000 or for any other relevant
period) will affect the calculation of the
baseline heat input of a unit, the owners
and operators of the unit should provide
EPA, in response to this NODA, the unit
level data.
Simple Combustion Turbines and
Combined Cycle Units at Non-Acid Rain
Plants
The following procedures were used
for simple combustion turbines and
combined cycle units at non-Acid Rain
plants, which include certain utility and
3 Plants that were sold in 2000 and changed status
from utility to non-utility sometimes reported using
both the utility and non-utility forms for that year.
To avoid double counting of heat input in these
cases, EPA used only the data from utility form or
the data from the non-utility form for the plant,
whichever set of data resulted in the higher heat
input for the plant.
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non-utility plants.4 For 2000, data from
the EIA form 860b was used to calculate
simple combustion turbine and
combined cycle unit fuel-adjusted heat
input for the non-utility plants in a
similar manner as the 2000 non-utility
boiler calculation. Annual fuel-adjusted
heat input was calculated at the plant
level. Data from the EIA form 759 and
FERC form 423 were used to calculate
simple combustion turbine and
combined cycle heat input for the utility
plants. The EIA form 759 provided
monthly fuel usage at the prime mover
level (simple combustion turbine,
combined cycle combustion turbine,
and combined cycle steam turbine), and
the FERC form 423 provided gaseous
and liquid fuel heat content for the
plants. The prime mover fuel-adjusted
heat input for the plant was apportioned
equally to each potential CAIR unit at
the plant by prime mover type (with
combined cycle combustion turbine and
steam turbine heat inputs combined to
provide a single combined cycle heat
input). To the extent the plant includes
both potential CAIR units and units that
are not treated as potential CAIR units,
this approach may have resulted in
calculated heat input values exceeding
the actual heat input for the potential
CAIR units. Unlike the boiler data, that
required apportioning plant level data
only for 2000, combustion turbine EIA
data are only available at the plant level
for all of the years. Therefore the
approach taken for boilers, excluding
one year of plant level data when that
data may be impacted by units not
subject to CAIR, was not available. In
any case where the use of unit level data
(for 2000 or for any other relevant
period) will affect calculation of the
baseline heat input of a unit, the owners
and operators of the unit should provide
EPA, in response to this NODA, the unit
level data. Ozone-season heat input was
calculated based on the 5⁄12 fraction of
ozone-season months to annual months.
In 2001 the EIA form 759 was
renamed as form 906, with separate
similar versions for non-utility and
utility plant prime mover level fuel
usage. Data for the non-utility and
utility plants from these forms were
combined with the FERC form 423 heat
content data to calculate prime mover
level fuel-adjusted heat input. This
prime mover level annual and ozone
season heat input was then apportioned
equally to each simple combustion
turbine or combined cycle turbine (at
the plant) that is a potential CAIR unit
by prime mover type as described
earlier for the 2000 utility units.
4 See
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EIA combined the utility and nonutility reporting forms in 2002 and
changed the format. The EIA form 906
for 2002 through 2004 provided both
fuel usage and fuel heat input on a
monthly basis. The annual and ozone
season fuel-adjusted heat input was
totaled for each of the non-utility and
utility plants at the prime mover level
and then apportioned equally to each
potential CAIR unit at the plant, as
described above for the 2000 and 2001
EIA form 759 and 906 data.
Non-Acid Rain Simple Combustion
Turbines at Acid Rain Plants
The fuel-adjusted heat inputs for nonAcid Rain simple combustion turbines
located at Acid Rain plants with no
Acid Rain combustion turbines were
calculated and apportioned in a similar
manner as described above for simple
combustion turbines and combined
cycle units at non-Acid Rain plants.
Heat inputs, however, for non-Acid
Rain combustion turbines located at
plants with Acid Rain combustion
turbines had to be calculated in a
different manner in order to not double
count heat input. At these plants the
plant or prime mover level heat input,
calculated with EIA data as described
above, included heat input from both
the non-Acid Rain and Acid Rain
turbines. Since the baseline heat input
for the Acid Rain turbines at the plant
was taken from data reported to EPA
under the Acid Rain Program, the Acid
Rain data was subtracted from the total
EIA-based combustion turbine and
combined cycle heat input. The
remaining fuel-adjusted heat input was
then apportioned equally to each of the
non-Acid Rain turbines. In some cases
the difference between EIA and Acid
Rain heat input was zero or even
negative resulting in zero heat input for
the non-Acid Rain units.
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5. How Do I Interpret the Data Tables
Presented in Today’s NODA?
This section provides a brief
description of the types of data included
in each table of today’s NODA. A more
detailed description of the data tables
may be found in the TSD titled ‘‘Data
Field Description for the CAIR FIP NOX
Annual and NOX Ozone-season
Allocation Tables’’ which is available in
the docket and on the Web site
mentioned in section 8. In general, the
CAIR Annual and Ozone Season NOX
Allocation tables were created primarily
using data reported to CAMD (under the
Acid Rain Program) and the EIA. For a
small number of non-Acid Rain units,
annual allocations incorporated heat
input information provided by the
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sources in response to a previous
NODA.
For Acid Rain units, EPA used heat
input data reported as required under
the program. For non-Acid Rain
Program units, the EIA data was used to
determine heat input and primary fuel.
Tables 1 and 2 contain the annual and
ozone season unit NOX allowance
allocations. Tables 3, 4, and 5 contain
the EIA data, CAMD data, and source
provided data regarding heat input and
primary fuel used to calculate the
annual allocations. Tables 6 and 7
contain additional EIA and CAMD data
used to calculate ozone season
allocations.
Some units (i.e., units not reporting
under the Acid Rain Program, OTC NOX
Budget Program, or NOX SIP Call NOX
Budget Trading Program during a
portion of the baseline period) use heat
input data available from both EIA and
CAMD to compile the baseline heat
input. For these units the EIA annual
heat input data are used until the first
full year of Acid Rain Program data are
available. Ozone season heat inputs
used for the ozone season allocation are
from the data reported under the Acid
Rain Program, OTC NOX Budget
Program, and NOX SIP Call NOX Budget
Trading Program, if available, in Table
7. For a small number of non-Acid Rain
Units, source-reported annual heat
input data in Table 5 for 2000–2002 data
years were used in place of EIA data.
Table 8 contains a list of units that
have not received allocations because of
their possible exclusion from the CAIR
FIP trading program based on sales data,
or qualifying cogeneration facility
status. The owners and operators of
each such unit should review the unit’s
data to ensure that the unit is not a
potential CAIR unit. As discussed
above, if the owners or operators
determine that the unit should be
included in the inventory and allocated
allowances, they should submit
objections to the exclusion of the unit
and provide the relevant data
supporting the inclusion of the unit and
the necessary data for allocating
allowances.
Table 9 contains a list of units that
have not received NOX allowance
allocations because of their possible
CAIR exemption due to being a solid
waste incinerator. As mentioned in
section 4, the units qualifying for this
exemption were identified based on EIA
form 860 response for plant type and
their primary energy source. The owners
and operators of each such unit should
review the unit’s data to ensure that the
unit is not a potential CAIR unit. As
discussed above, if the owners or
operators determine that the unit should
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be included in the inventory and
allocated allowances, they should
submit objections to the exclusion of the
unit and provide the relevant data
supporting the inclusion of the unit and
the necessary data for allocating
allowances.
6. Why Is the EPA Providing
Opportunity To Object to These Data
and the Calculations Using the Data in
the Allocation Formula?
Through today’s NODA, EPA is
providing owners, operators, states, and
the public the opportunity to object to
the data used to determine what units
are existing potential CAIR units, which
qualify for allowance allocations for
2009–2014, and to calculate NOX
allocations in order to ensure that we
use the best available data in the FIP
allocation process. For example, the
heat input and primary fuel data used
to calculate allocations came from data
reported to EPA and EIA, and a source
owner or operator (or other member of
the public) should submit an objection
if he or she sees any discrepancy
between the data reported for the source
regarding heat input and fuel type and
the data used in calculating the NOX FIP
allocations. Such objection should
include the data that the person
submitting the objection believes EPA
should use. EPA is also providing an
opportunity to object to the calculations
using the allocation formula and the
data in order to ensure the accuracy of
the calculations.
Today’s NODA is based upon the list
of potential CAIR units developed using
currently available data. As discussed
above, this inventory does not constitute
a definitive list of existing CAIR units,
but rather reflects EPA’s preliminary
application of the applicability criteria
in the CAIR FIP NFR (i.e., the criteria
providing that a unit is subject to CAIR
if it is a stationary fossil-fuel-fired boiler
or combustion turbine serving at any
time on or after November 15, 1990 or
the start-up of the unit’s combustion
chamber, a generator with nameplate
capacity more than 25 MWe producing
electricity for sale, except for
cogeneration units and solid waste
incineration units that meet certain
requirements). The EPA is providing
this opportunity for source owners and
operators, states, and the public to (1)
Object to the inclusion of units in, or
exclusion of units from, the allocation
tables in the NODA and the data on
which the inclusion or exclusion is
based, (2) object to the heat input and
fuel data used to calculate the
allocations and the resulting
calculations themselves reflected in the
tables, and (3) submit, as part of the
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objection, corrections of the data or
supplementary data.
EPA requests that a source owner or
operator, State, or other members of the
public who believes that a unit has been
incorrectly included in or excluded
from the allocation tables submit an
objection (including supporting data) in
order to clarify the unit’s status under
CAIR, consistent with the CAIR FIP
applicability provisions (in §§ 97.104
and 97.304). (Any objections to the
applicability provisions themselves will
not be considered.) If an existing unit is
not allocated allowances for 2009–2014
in today’s NODA, nor in the follow up
NODA issued in response to objections
to today’s NODA, and is later found to
be subject to CAIR, that unit will not
receive allowance allocations for 2009–
2014 under the CAIR FIP. However, the
unit will be subject to the requirement
to hold allowances.
The addition or removal of existing
units to or from a State’s inventory will
not impact the size of the State’s
emission budget. Revisions, in a followup notice issued in response to
objections to the inventory provided in
today’s NODA, may result in the
individual units receiving different
shares of the applicable State budget.
7. What Data Are the EPA Making
Available for Review and Objection?
EPA has used the best available data
to develop an inventory of existing units
that currently are potentially covered by
the CAIR FIP and to calculate each
existing unit’s allowance allocations for
2009–2014. However, through the
NODA, EPA is giving unit owners, unit
operators, and the public the
opportunity to offer objections regarding
individual units’ treatment as
potentially covered or not covered by
CAIR and, for units treated as potential
CAIR units, the data used in the
allocation calculations and the
allocations resulting from such
calculations.
Specifically, this document is a notice
of data availability and provides an
opportunity for objection regarding the
treatment of individual units as existing
units potentially covered or not covered
by CAIR and the data used as the basis
for this treatment (such as sales data
obtained from EIA databases for 1999–
2000 and qualifying facility status). This
document also provides an opportunity
for objections regarding the data used in
calculating CAIR FIP NOX allocations
for individual existing units: CAMD
heat input and fuel data under the Acid
Rain Program for the years 2000–2004,
under the NOX Budget Program (NBP)
for 2000–2002 for Ozone Transport
Commission (OTC) units, and under the
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NOX Budget Trading Program for years
2003–2004 for units under the NOX SIP
Call; and heat input and fuel data
obtained in EIA databases for units that
are not under these programs. This
document also provides an opportunity
for objection regarding EPA’s
calculations using the data in the CAIR
FIP allocation formulas.
In summary, the EPA is providing an
opportunity for public objections to—
and will consider only objections to—
the inclusion of units in or exclusion of
units from the inventory of potential
existing CAIR units, the data on which
such inclusion or exclusion is based, the
allocation calculations using the CAIR
FIP allocation formulas, and the data
used in these calculations. Readers
should note that we are not soliciting,
and will not consider, objections on
other topics (such as the allocation
formulas and State budgets).
Today’s action makes available for
review and objection: NOX annual and
NOX ozone season allocations for
individual units in CAIR States for the
FIP; the adjusted heat input values for
each unit for 2000–2004; the baseline
heat input used to calculate the
allocations; and the other data used to
include units in, or exclude units from,
the list of existing potential CAIR units
for which allocations are calculated.
In particular, EPA is making the
following data available for review:
• EIA Annual Heat Input (EIA data
were used to obtain heat input and fuel
type data for those units that are subject
to the CAIR rule, but are not reporting
under the Acid Rain Program).
• EIA Ozone Season Heat Input
• CAMD Acid Rain Program Annual
Heat Input
• CAMD Acid Rain Program, OTC
NOX Budget Program, and NOX SIP Call
NOX Budget Trading Program Ozone
Season Heat Input
• Unit NOX Annual Allowance
Allocation Table
• Unit NOX Ozone Season Allocation
Table
In addition to accepting objections to
the data listed above and the
calculations made by EPA in using the
data to determine allocations, EPA will
also accept objections to the inclusion of
a unit in, or exclusion of a unit from, the
inventory of existing potential CAIR
units for which allocations are
determined for the CAIR FIP and the
data on which such inclusion or
exclusion is based. Any objection
should include corrections of the data
relevant to the objection or should
include relevant, supplementary data.
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8. Where Can I Get the Data?
Tables 1 through 9, which include the
allowance allocations, heat input, and
fuel data, are available in an excel file
titled ‘‘Data for EGU NOX Annual and
NOX Ozone Season Allocations for the
Clean Air Interstate Rule Federal
Implementation Plan Trading Programs’’
on the CAMD Web site at https://
www.epa.gov/airmarkets/cair/NODA.
The ‘‘NODA’’ link will open a Web page
which contains this excel file, along
with the NODA and Technical Support
Document in PDF format. The NODA is
titled ‘‘Notice of Data Availability for
EGU NOX Annual and NOX Ozone
Season Allocations for the Clean Air
Interstate Rule Federal Implementation
Plan Trading Program’’, and the TSD is
titled ‘‘Data Field Description for the
CAIR FIP NOX Annual and NOX Ozone
Season Allocation Tables’’. In addition,
these files are in the CAIR FIP Docket
(Docket ID No. OAR–2004–0076).
Other data used in developing the
inventory of potential existing CAIR
units can be found on the EIA Web site
through the link given in section 4 of
this NODA.
9. On What Topics Is EPA Not
Requesting Objections?
Consistent with sections 4 through 8
of today’s NODA, EPA is soliciting
objections only on the matters, data, and
calculations discussed or referenced in
those sections of the NODA. EPA is not
requesting objection on any other
matter. For example, the NOX
allocations for existing CAIR units are
determined using the allowance
allocation methodology in the CAIR FIP,
which takes each unit’s three highest
control-period adjusted heat input
values for 2000 through 2004, averages
them, and allocates to each unit based
on its proportionate share of the total
adjusted heat input for existing CAIR
units in the state. This methodology for
calculating unit allowance allocations,
as well as the CAIR applicability
provisions, were finalized in the CAIR
FIP rule, and are not open for objection.
10. What Supporting Documentation Do
I Need To Provide With my Objections?
While we will consider all objections
we receive within the scope of this
NODA, these objections must be
supported with appropriate
documentation. Supporting
documentation can include, but is not
limited to, spreadsheets, explanations of
why you believe the data on such
spreadsheets are more accurate (e.g., the
quality assurance of the data), and
information on the data source.
In general, we do not anticipate
revisions to unit heat input data and
E:\FR\FM\04AUN1.SGM
04AUN1
Federal Register / Vol. 71, No. 150 / Friday, August 4, 2006 / Notices
other unit data reported to EPA under
the Acid Rain Program since, in
submitting the data under the program,
a source’s Designated Representative
has already certified the accuracy of the
data. However, we will consider any
objections. For example, a source’s
Designated Representative may provide
evidence that we improperly calculated
heat input at the unit level, where the
heat input was actually measured at
another location (such as a common
stack). As a further example, a source’s
Designated Representative may
demonstrate that the data provided in
today’s NODA are not consistent with
the data reported to EPA for compliance
with the Acid Rain Program. In that
case, the objector should explain why
the data values in EPA’s data files are
incorrect and should document and
explain the new data values.
Similarly, in general, we do not
anticipate revisions to data reported to
EIA since such data were submitted to
meet regulatory reporting requirements.
However, we will consider any
objections to the data as reported, as
well as any calculation in which we
used the data for purposes of today’s
NODA.
Dated: July 27, 2006.
Brian McLean,
Director, Office of Atmospheric Programs.
[FR Doc. E6–12628 Filed 8–3–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8205–9]
Proposed CERCLA Administrative
Cost Recovery Settlement; Industrial
Chrome Plating, Incorporated
Environmental Protection
Agency.
ACTION: Notice; request for public
comment.
AGENCY:
In accordance with Section
122(i) of the Comprehensive
Environmental Response,
Compensation, and Liability Act, as
amended (‘‘CERCLA’’), 42 U.S.C.
9622(i), notice is hereby given of a
proposed administrative settlement for
recovery of past response costs
concerning the Industrial Chrome
Plating Time-Critical Removal Site in
Portland, Oregon with the following
settling party: Industrial Chrome
Plating, Incorporated (ICP). The
settlement requires the settling party to
pay $66,000.00 to the Hazardous
Substance Superfund. The settlement
includes a covenant not to sue the
gechino on PROD1PC61 with NOTICES
SUMMARY:
VerDate Aug<31>2005
22:39 Aug 03, 2006
Jkt 208001
settling party pursuant to Section 107(a)
of CERCLA, 42 U.S.C. 9607(a). For thirty
(30) days following the date of
publication of this notice, the Agency
will receive written comments relating
to the settlement. The Agency will
consider all comments received and
may modify or withdraw its consent to
the settlement if comments received
disclose facts or considerations which
indicate that the settlement is
inappropriate, improper, or inadequate.
The Agency’s response to any comments
received will be available for public
inspection at the U.S. EPA Region 10
offices, located at 1200 Sixth Avenue,
Seattle, Washington 98101.
DATES: Comments must be submitted on
or before September 5, 2006.
ADDRESSES: The proposed settlement is
available for public inspection at the
U.S. EPA Region 10 offices, located at
1200 Sixth Avenue, Seattle, Washington
98101. A copy of the proposed
settlement may be obtained from Carol
Kennedy, Regional Hearing Clerk, U.S.
EPA Region 10, 1200 Sixth Avenue,
Mail Stop ORC–158, Seattle,
Washington 98101; (206) 553–0242.
Comments should reference the
Industrial Chrome Plating Time-Critical
Removal Site in Portland, Oregon and
EPA Docket No. CERCLA–10–2006–
0035 and should be addressed to Dean
Ingemansen, Assistant Regional
Counsel, U.S. EPA Region 10, Mail Stop
ORC–158, 1200 Sixth Avenue, Seattle,
Washington 98101.
FOR FURTHER INFORMATION CONTACT:
Dean Ingemansen, Assistant Regional
Counsel, U.S. EPA Region 10, Mail Stop
ORC–158, 1200 Sixth Avenue, Seattle,
Washington 98101; (206) 553–1744.
SUPPLEMENTARY INFORMATION: The ICP
Site, a former chrome plating facility, is
located in a predominantly residential
neighborhood on the southeast corner of
NE 62nd Avenue and NE Hassalo Street
in Portland, Oregon. In July 2001, EPA
was requested by the Oregon
Department of Environmental Quality
(ODEQ) to conduct a time-critical
removal action at the Site due to
evidence of chrome plating wastes
having leaked onto the ground and into
the subsurface at the Site. When EPA
began the removal action on August 27,
2001, there were chromium and leadcontaminated soils, plating wastes, and
other hazardous substances at the Site.
In order to get at the subsurface
contamination, the buildings at the Site
had to be torn down. Removal of the ICP
building, liquid wastes, and soils was
completed at the end of November 2001.
Soils were excavated to a maximum
depth of 20 feet below grade.
Approximately 4,000 gallons of chromic
PO 00000
Frm 00038
Fmt 4703
Sfmt 4703
44291
acid was pumped from on-site dip tanks
and holding tanks to a tanker truck and
delivered to Burlington Environmental
in Kent, Washington, for proper
disposal. Another 100 gallons and 500
pounds of hazardous substances
including paint wastes, corrosive
liquids, mercury, and PCB wastes were
packed and transported to Philip
Services, Incorporated, in Washington
state. The excavation resulted in 4,718
tons of hazardous wastes shipped to
U.S. Ecology in Grand View, Idaho, and
1,098 tons of special waste delivered to
the Waste Management Hillsboro,
Oregon, landfill. A protective asphalt
cap was placed over the entire Site to
prevent surface water infiltration. The
settlement requires payment of
$66,000.00, an amount equal to the fair
market value of the real property owned
by ICP, which is the only asset of ICP,
a defunct Oregon corporation. ICP has
proposed to sell this property in order
to pay the settlement amount. In
addition, the settlement requires (and
ICP has already placed) a deed notice on
the title to the Site property. This deed
notice notifies all owners of this
property of the need to maintain the
integrity of the asphalt cap, and of the
need to contact the ODEQ if the
property owner decides to build on the
Site or otherwise puncture or destroy
the asphalt cap. ODEQ has issued a
conditional ‘‘No Further Action’’ letter
for the Site conditioned upon, among
other things, the property owner
maintaining the integrity of the cap.
Dated: July 28, 2006.
Ron Kreizenbeck,
Acting Regional Administrator, Region 10.
[FR Doc. E6–12624 Filed 8–3–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8204–7]
Water Pollution Control; State Program
Requirements; Program Modification
Application by Michigan To Administer
a Partial Sewage Sludge Management
Program
Environmental Protection
Agency (EPA).
ACTION: Notice of application and public
comment period.
AGENCY:
SUMMARY: Pursuant to 40 CFR 123.62
and 40 CFR part 501, the State of
Michigan has submitted a program
modification application to EPA, Region
5 to administer and enforce a sewage
sludge (biosolids) management program.
Specifically, the state is seeking
E:\FR\FM\04AUN1.SGM
04AUN1
Agencies
[Federal Register Volume 71, Number 150 (Friday, August 4, 2006)]
[Notices]
[Pages 44283-44291]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-12628]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OAR-2004-0076; FRL-8205-6]
Notice of Data Availability for EGU NOX Annual and NOX Ozone
Season Allocations for the Clean Air Interstate Rule Federal
Implementation Plan Trading Programs
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of data availability (NODA).
-----------------------------------------------------------------------
SUMMARY: On March 15, 2006, EPA promulgated Federal Implementation
Plans (FIPs) for all States covered by the Clean Air Interstate Rule
(CAIR). The FIPs will regulate electric generating units (EGUs) in the
affected States and achieve the emission reductions required by CAIR
until each affected State has an approved CAIR State Implementation
Plan (SIP) to achieve the reductions. The Agency promulgated FIPs to
provide a federal backstop for CAIR. EPA will withdraw a State's FIP in
coordination with approval of a SIP implementing the requirements of
CAIR.
Today's action relates to the CAIR FIP regulatory text, which
indicates that the Administrator will determine by order the CAIR
NOX allowance allocations. In the CAIR FIP preamble, EPA
also indicated its intention to publish a NODA with NOX
allowance allocations for 2009 through 2014, provide the public with
the opportunity to object to the data, and then publish a final NODA
(adjusted if necessary).
In today's NODA, the EPA is making available to the public data
relating to NOX annual and NOX ozone season
allocations under the CAIR FIP that EPA will allocate to individual
existing units covered by the CAIR FIP NOX annual and
NOX ozone season trading programs for 2009-2014. These
allocations use data from the U.S. Environmental Protection Agency's
Clean Air Markets Division's (CAMD) database (which contains data
reported under the Acid Rain Program), U.S. Energy Information
Administration (EIA) database, and data previously provided to EPA by
sources. The NODA references, or presents in tables, all these data and
the NOX annual and NOX ozone season allowance
allocations calculated using the data and the allocation formulas
finalized in the CAIR FIP, for existing units for 2009 through 2014.
DATES: Objections must be received on or before September 5, 2006.
ADDRESSES: Submit your objections, identified by Docket Number OAR-
2004-0076 by one of the following methods:
A. Federal Rulemaking Portal: https://www.regulations.gov. Today's
action is not a rulemaking, but you may use the Federal Rulemaking
Portal to submit objections to the NODA. To submit objections, follow
the online instructions for submitting comments.
B. Mail: Air Docket, ATTN: Docket Number OAR-2004-0076,
Environmental Protection Agency, Mail Code: 6102T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460.
C. E-mail: A-AND-R-Docket@epa.gov.
D. Hand Delivery: EPA Docket Center, 1301 Constitution Avenue, NW.,
Room B102, Washington, DC. Such deliveries are only accepted during the
Docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information.
Note: The EPA Docket Center suffered damage due to flooding
during the last week of June 2006. The Docket Center is continuing
to operate. However, during the cleanup, there will be temporary
changes to Docket Center telephone numbers, addresses, and hours of
operation for people who wish to make hand deliveries or visit the
Public Reading Room to view documents. Consult EPA's Federal
Register notice at 71 FR 38147 (July 5, 2006) or the EPA Web site at
https://www.epa.gov/epahome/dockets.htm for current information on
docket operations, locations and telephone numbers. The Docket
Center's mailing address for U.S. mail and the procedure for
submitting comments to www.regulations.gov are not affected by the
flooding and will remain the same.
Instructions: Direct your objections to Docket ID No. OAR-2004-
0076. The EPA's policy is that all objections received will be included
in the public docket without change and may be made available online at
https://www.epa.gov/edocket, including any personal information
provided, unless the objection includes information
[[Page 44284]]
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Do not submit
information that you consider to be CBI or otherwise protected through
https://www.regulations.gov or e-mail. The https://www.regulations.gov
Web site is an ``anonymous access'' system, which means EPA will not
know your identity or contact information unless you provide it in the
body of your objection. If you send an e-mail objection directly to EPA
without going through https://www.regulations.gov, your e-mail address
will be automatically captured and included as part of the objection
that is placed in the public docket and made available on the Internet.
If you submit an electronic objection, EPA recommends that you include
your name and other contact information in the body of your objection
and with any disk or CD-ROM you submit. If EPA is unable to read your
objection and contact you for clarification due to technical
difficulties, EPA may not be able to consider your objection.
Electronic files should avoid the use of special characters and any
form of encryption and should be free of any defects or viruses.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy at the EPA Docket Center, EPA West, Room B102, 1301
Constitution Avenue, NW., Washington, DC. The Public Reading Room is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number for the Public Reading Room is
(202) 566-1744, and the telephone number for the Air Docket is (202)
566-1742.
FOR FURTHER INFORMATION CONTACT: General questions concerning today's
action and technical questions concerning heat input or fuel data
should be addressed to Brian Fisher, USEPA Headquarters, Ariel Rios
Building, 1200 Pennsylvania Ave., Mail Code 6204 J, Washington, DC
20460. Telephone at (202) 343-9633, e-mail at fisher.brian@epa.gov. If
mailing by courier, address package to Brian Fisher, 1310 L St., NW, RM
713G, Washington, DC 20005.
SUPPLEMENTARY INFORMATION:
Outline
1. General Information.
2. What Is Today's Action?
3. How Are the Data in This NODA Related to the CAIR FIP
NOX Allowance Allocations?
4. What Are the Sources of the EPA's Data?
5. How Do I Interpret the Data Tables Presented in Today's NODA?
6. Why Is the EPA Providing Opportunity To Object to These Data and
the Calculations Using the Data in the Allocation Formula?
7. What Data Are EPA Making Available for Review and Objection?
8. Where Can I Get the Data?
9. On What Topics Is EPA Not Requesting Objections?
10. What Supporting Documentation Do I Need To Provide With My
Objection?
1. General Information
This action relates to Sec. Sec. 97.141 and 97.341 of the CAIR
FIP. These sections indicate that the Administrator will determine by
order the CAIR NOX allowance allocations. In the CAIR FIP
preamble, EPA stated its intention to publish a NODA with
NOX allowance allocations for 2009 through 2014 (71 FR
25352).
Does This Action Apply to Me?
Categories and entities potentially regulated by this action
include the following:
------------------------------------------------------------------------
Examples of potentially
Category NAICS code regulated entities
------------------------------------------------------------------------
Industry....................... 221112 Fossil fuel-fired
electric utility steam
generating units.
Federal Government............. 221122 Fossil fuel-fired
electric utility steam
generating units.
State/local/Tribal government.. 221122 Fossil fuel-fired
electric utility steam
generating units owned
by municipalities.
921150 Fossil fuel-fired
electric utility steam
generating units in
Indian Country.
------------------------------------------------------------------------
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. If you have any questions regarding the applicability of this
action to a particular entity, consult the person listed in the
preceding section under FOR FURTHER INFORMATION CONTACT.
The NOX allowance allocations in today's NODA are for
existing units. Existing units are units that commenced operation
before January 1, 2001. New units, which commence operation on or after
January 1, 2001, will initially receive allowances through the new unit
set aside. Once new units have established a five year baseline, they
will be incorporated into the calculation for allowances for existing
units.
The CAIR FIP rule states units will be subject to the CAIR FIP
trading programs (i.e, to the CAIR FIP SO2, NOX
annual, or NOX ozone season programs, as appropriate) if
they are a stationary, fossil-fuel-fired boiler or stationary, fossil-
fuel-fired combustion turbine serving at any time on or after November
15, 1990 or the start-up of the unit's combustion chamber, a generator
with nameplate capacity of more than 25 MWe producing electricity for
sale. Certain cogeneration units or solid waste incineration units are
exempt from the CAIR FIP and are described below.
Cogeneration Unit Exemption
Certain cogeneration units are exempt from the CAIR FIP trading
programs. Cogeneration units are units having equipment used to produce
electricity and useful thermal energy for industrial, commercial,
heating, or cooling purposes through sequential use of energy and
meeting certain operating and efficiency standards. The program has
different applicability provisions for non-cogeneration units and
cogeneration units. Any cogeneration unit serving (since the later of
November 15, 1990 or the start-up of the unit) a generator with a
nameplate capacity greater than 25 MWe, supplying more than \1/3\
potential electric output capacity, and more than 219,000 Mw-hrs,
annually to any utility power distribution system for sale will be
subject to the requirements of the CAIR FIP trading rules. Otherwise, a
cogeneration unit will qualify for an exemption.
Solid Waste Incinerator Exemption
A solid waste incineration unit commencing operation before January
1, 1985, for which the average annual fuel consumption of non-fossil
fuels during 1985-1987 exceeded 80 percent and the
[[Page 44285]]
average annual fuel consumption of non-fossil fuels during any 3
consecutive calendar years after 1990 exceeds 80 percent, is not
subject to the CAIR FIP cap-and-trade program. Further, a solid waste
incineration unit commencing operation on or after January 1, 1985, for
which the average annual fuel consumption of non-fossil fuels for the
first 3 calendar years of operation exceeds 80 percent and the average
annual fuel consumption of non-fossil fuels during any 3 consecutive
calendar years after 1990 exceeds 80%, is not subject to the CAIR FIP
cap- and trade program.
What Should I Consider as I Prepare My Objections for EPA?
To expedite review of your objections by Agency staff, you are
encouraged to send a separate copy of your objections, in addition to
the copy you submit to the official docket, to Brian Fisher U.S. EPA,
Ariel Rios Building, Mail Code 6204J, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460. Telephone (202) 343-9633, e-mail
fisher.brian@epa.gov. If you e-mail the copy of your objections to Mr.
Fisher, put ``objection for Docket Number OAR-2004-0076'' in the
subject line to alert Mr. Fisher that an objection is included. If
mailing by courier, address package to Brian Fisher, 1310 L St., NW.,
RM 713G, Washington, DC 20005.
Do not submit CBI to EPA through https://www.regulations.gov or e-
mail. Clearly mark any portion of the information that you claim to be
CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark
the outside of the disk or CD ROM as CBI and then identify
electronically within the disk or CD ROM the specific information that
is claimed as CBI. In addition to one complete version of the objection
that includes information claimed as CBI, a copy of the objection that
does not contain the information claimed as CBI must be submitted for
inclusion in the public docket. Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2. Send or deliver information identified as CBI only to the following
address: Brian Fisher, U.S. EPA, Office of Air and Radiation, Mail Code
6204J, 1200 Pennsylvania Avenue, NW, Washington DC 20460.
When submitting objections, remember to:
(1) Identify the NODA by docket number and other identifying
information (subject heading, Federal Register date and page number).
(2) Follow directions--The Agency may ask you to respond to
specific questions or organize objections in a specific manner.
(3) Make sure to submit your objections by the deadline identified.
2. What is Today's Action?
In the March 15, 2006 final action on the CAIR FIP, the EPA
finalized NOX annual and ozone season trading programs for
EGUs as the federal implementation remedy for CAIR. The EPA decided to
adopt, as the FIP for each State in the CAIR region, the model cap-and-
trade programs in the final CAIR, modified slightly to allow for
federal instead of State implementation (as revised March 15, 2006).
These programs include a NOX annual trading program and
NOX ozone season trading program. As explained in the CAIR
FIP Notice of Final Rulemaking (NFR), the FIP NOX annual and
NOX ozone season trading programs require CAIR sources to
hold allowances sufficient to cover their emissions for each control
period. A NOX annual allowance will authorize the emission
of a ton of NOX during a calendar year, and a NOX
ozone season allowance will authorize the emission of a ton of
NOX during an ozone season (May 1 through September 30).
In the CAIR FIP NFR, EPA adopted the State NOX annual
and NOX ozone season emission budgets for each State covered
by a CAIR FIP (see Tables V-1 and V-2 in the CAIR FIP NFR); these are
the same State emission budgets as finalized in the CAIR. For each
State covered by the CAIR FIP NOX trading programs, the
State NOX budgets are the total amount of allowances that
EPA will allocate to sources in that State for use in the FIP
NOX trading programs.
EPA determined the method for allocating NOX annual and
NOX ozone season allowances under the FIP through a process
that included extensive public participation. Today's action does not
reopen for public comment the CAIR FIP NOX allocation
method, the state budgets, or any other aspects of the CAIR or CAIR FIP
rulemakings.
Today, we are making available the inventory of existing units that
currently are potential CAIR units, the data on which the inventory is
based, the data used to calculate the allocation of NOX
allowances to individual existing potential CAIR units under the CAIR
FIP, and the resulting allowance allocations themselves. Today's action
explains what the data are, where they came from, and what issues are
open to objection. The purpose of making the data available for
objection is to ensure that we base the NOX FIP allocations
on the best available data. Under the CAIR FIP trading rules (40 CFR
97.142(a)(3) and 97.342(a)(3)), we will determine what data are the
best available by ``weighing the likelihood that data are accurate and
reliable and giving greater weight to data submitted to a governmental
entity in compliance with legal requirements or substantiated by an
independent entity.'' EPA is providing unit owners, unit operators, and
the public an opportunity to make objections to any of the data made
available in this NODA and used to develop the above-described
inventory and allocations. Any person objecting to any of the data
should explain the basis for his or her objection and should provide
alternative data and explain why they comprise the best available data.
EPA intends to publish a NODA with the final FIP NOX
allocations for 2009 through 2014 (adjusted if necessary in light of
any objections) by fall of 2006.
The Agency's preference is for States to make decisions about
NOX allocations for their sources. Although in today's
action EPA is determining NOX allocations for the CAIR FIP
trading programs, we intend to record EPA-determined allocations in
allowance accounts only for sources located in a State without a
timely, approved CAIR SIP revision or a timely, approved abbreviated
CAIR SIP revision providing for State-determined allocations.
Deadlines for States to submit CAIR SIP revisions and associated
NOX allocations and for EPA to record NOX
allocations in source accounts are as finalized in the CAIR (see 70 FR
25162, 25323 and 25326) and CAIR FIP (see 71 FR 25328, 25352-55). EPA
discusses these deadlines herein for information only; EPA is not
reopening for public comment those final deadlines. As finalized in the
CAIR and CAIR FIP NFRs, SIP submission deadlines are as follows:
Full CAIR SIP revision: submit SIP revision by September
11, 2006 and initial set of NOX allocations (covering at
least 2009 through 2011) by October 31, 2006;
Abbreviated SIP revision: \1\ submit SIP revision by March
31, 2007 and initial set of NOX allocations (covering at
least 2009 through 2011) by April 30, 2007.
---------------------------------------------------------------------------
\1\ See CAIR FIP NFR (71 FR 25352) for further discussion of
abbreviated CAIR SIP revisions.
---------------------------------------------------------------------------
In today's action EPA determines CAIR NOX allocations
covering 2009 through 2014 under the FIP. As finalized in the CAIR FIP
NFR, the Agency will record EPA-determined CAIR NOX
allocations in source
[[Page 44286]]
accounts one year at a time for 2009 and 2010 in order to provide
flexibility to States to determine allocations for their sources. The
final schedule for recording CAIR NOX allocations under the
FIP in source accounts is shown in Table VI-2 in the CAIR FIP NFR
preamble and reproduced here for informational purposes:
Table I.--Recordation Deadlines for CAIR FIP NOX Allocations
------------------------------------------------------------------------
Deadline by which FIP NOX
allocations are recorded (EPA-
CAIR control period determined allocations or State-
determined allocations using
abbreviated SIP revision)
------------------------------------------------------------------------
2009................................... September 30, 2007.
2010................................... September 30, 2008.
2011................................... September 30, 2009.
2012................................... September 30, 2009.
2013................................... September 30, 2009.
2014................................... December 1, 2010.
2015................................... December 1, 2011.
2016................................... December 1, 2012.
------------------------------------------------------------------------
3. How Are the Data in This NODA Related to the CAIR FIP
NOX Allowance Allocations?
In the CAIR FIP NFR, EPA finalized the schedule for determining and
recording NOX allocations. EPA also finalized a methodology
for calculating unit level NOX allowances. Today's NODA
provides the unit level NOX allocations for existing
potential CAIR units for 2009-2014 calculated using this methodology,
as well as the data used in determining the inventory of existing
potential CAIR units and in making the allowance calculations.
As provided in the CAIR FIP NOX annual and ozone season
trading rules (see 40 CFR 97.141 and 97.341), EPA is publishing this
NODA with CAIR FIP NOX allocations for existing potential
CAIR units for 2009-2014 and providing the public with the opportunity
to submit objections addressing whether any individual unit is treated
as an existing potential CAIR unit eligible for allowance allocations
in accordance with the applicability provisions in these trading rules
(see 40 CFR 97.104 and 97.305) and whether any unit allocation is
determined in accordance with the allocation provisions in these
trading rules (see 40 CFR 97.142 and 97.342). For example, objections
may be submitted concerning any of the data used in developing the
inventory or in calculating any of the allocations. EPA intends to
publish a subsequent NODA with final NOX allocations for
2009 through 2014 (adjusted if necessary in response to objections) in
the fall of 2006.
In the CAIR FIP NFR, EPA finalized an allocation approach for
NOX annual and ozone season allowances for existing units
(i.e, units commencing operation before January 1, 2001) and new units
(i.e, units commencing operation on or after January 1, 2001) that is
consistent with the example methodology in the CAIR SIP model trading
rules. EPA used the NOX allocation method finalized in the
FIP NFR to calculate the existing unit NOX allocations in
today's NODA. Today's action does not address new unit allocations. New
unit allocation provisions under the CAIR FIP may be found in
Sec. Sec. 97.141, 97.341, 97.153 and 97.353. See 71 FR 25356-58 for
detailed description of the allocation method.
The NOX allocation method in the CAIR FIP NFR was
finalized through a process that involved significant public
participation. EPA is not reopening the allocation method for public
comment. EPA provides a summary of the NOX allocation method
herein for informational purposes only.
Allocations in today's NODA are for existing units for the first 6
control periods (2009 through 2014) of the CAIR NOX annual
and NOX ozone season trading programs. The NOX
allocation method finalized in the CAIR FIP NFR allocates by using
annual heat input data from the years 2000 through 2004 to develop
baseline heat inputs. These heat input values are adjusted using fuel
adjustment factors (1.0 for coal-fired units, 0.6 for oil-fired units,
and 0.4 for units fired with all other fuels (e.g., natural gas)). The
3 highest annual heat input values for the unit are averaged to
determine the unit's adjusted baseline heat input. Finally, the total
amount of allowances available for allocation each year to existing
units in a given state (i.e, 95% of the state trading budget) is
allocated to each individual unit in proportion to the unit's share of
the total adjusted baseline heat input for all existing units in the
State. The same methodology applies for ozone season allowances, only
ozone season heat input is used in place of annual heat input.
Today's NODA provides unit NOX allocations calculated
according to the method finalized in the CAIR FIP NFR. Section 8 of
this NODA describes where to locate the allocation tables. The heat
input and fuel use data used to determine these allocations are
described in section 4 of this NODA.
4. What Are The Sources of EPA's Data?
A. Development of the Inventory of Existing Potential CAIR Units
Diagram 1 in the Technical Support Document (TSD) provides a
general overview of how the inventory of existing potential CAIR units
was developed. Any existing unit currently reporting monitoring data
under the Acid Rain Program (referred to in this NODA as ``Acid Rain
units'') in a CAIR FIP State, except for an Acid Rain Program opt-in
unit, was included as an existing potential CAIR unit. The list of Acid
Rain units in the States was generated from EPA's Acid Rain Program
database. Units not reporting monitoring data under the Acid Rain
Program (referred to in this NODA as ``non-Acid Rain units'') that are
existing potential CAIR units were identified using data reported by
owners of generators to the Energy Information Administration (EIA) on
forms 860 and 767.
From the EIA form 860 database, we identified, for non-Acid Rain
units, all generators with a nameplate capacity greater than 25 MWe
served by a boiler or turbine with a fossil fuel energy source. In
determining whether a unit has a fossil fuel energy source, we applied
the definition of ``fossil fuel'' in the CAIR FIP (40 CFR 97.102). From
that list we then excluded generators as follows:
We excluded generators which did not sell electricity to a
utility based on EIA form 860b data from 1999 and 2000. EIA form 860b
sales data were not available after 2000 due to changes in the EIA form
860b. Consequently, our exclusion of generators for purposes of
allocating allowances does not necessarily mean that these generators
are excluded for purposes of determining whether boilers or turbines
serving them are CAIR units. EPA believes that many of these units are
likely not subject to CAIR. However, if, on or after November 15, 1990,
any of these generators produced electricity that was sold, the units
serving that generator are likely subject to CAIR. If, since November
15, 1990, any of these generators produced electricity that was sold,
the owners and operators of the units serving the generator should
provide EPA, in objections in response to this NODA, information on the
amounts and timing of the sales, the purchasing parties, the effect of
such sales on appropriate treatment of the units as covered or not
covered by CAIR, and (if any of the units should be treated as
potential CAIR units) the necessary data for allocation of allowances.
[[Page 44287]]
From EIA form 860, we excluded generators at municipal
waste combustors. The CAIR rule provides an exemption for solid waste
incineration units similar to the Acid Rain Program exemption in 40 CFR
Part 72.
If any of the units serving the excluded generators do not meet the
requirements of the CAIR exemption for solid waste incineration units,
the owners and operators of the units should provide EPA, in response
to this NODA, the information showing that these exemption requirements
are not met, and the necessary data for allocation of allowances.
From EIA form 860b (1999 and 2000), we excluded all
generators at facilities that were certified (in accordance with
Federal Energy Regulatory Commission (FERC) regulations) as qualifying
cogeneration facilities and that had annual, plant-wide sales of one
third or less of the potential generating capacity, or had annual sales
less than 219,000 MW-hrs, to an electric utility. This information was
only available at the plant level. Since electricity sales data were
not available at the unit level for other years and a unit must meet
these criteria annually to qualify for the cogeneration exemption,
exclusion of generators for allocating allowances in this notice does
not necessarily mean that boilers and combustion turbines serving the
generators are not CAIR units. Moreover, FERC regulations require, as
part of the criteria for qualifying cogeneration facilities, that
facilities meet certain efficiency requirements to the extent natural
gas or oil is combusted. Under CAIR, a unit must meet the efficiency
requirements with regard to all fuel types combusted. Consequently,
exclusion of generators for allocating allowances in this notice does
not necessarily mean that boilers and combustion turbines serving the
generators are not CAIR units. If any of the units serving the excluded
generators do not meet the requirements of the CAIR exemption for
cogeneration units, the owners and operators of the units should
provide EPA, in response to this NODA, the information showing that
these exemption requirements are not met and the necessary data for
allocation of allowances for the units. For example, the owners and
operators of a unit that was not included in the list of potential CAIR
units based on 1999 and 2000 sales data and cogeneration status, should
verify that the criteria for the cogeneration exemption are met
(including years after 2000). If the unit served a generator producing
electricity for sale, to a utility distribution system, exceeding \1/3\
of the unit's potential electrical output capacity and more than
219,000 MW-hrs in any year, or if the unit did not meet the efficiency
requirements under CAIR in any year, the unit would not appear to
qualify for the cogeneration exemption and the owners and operators of
the unit should provide EPA the information showing that these
exemption requirements are not met and the necessary allowance
allocation data.
From the EIA form 767 database, we identified as potential CAIR
units all boilers located at non-Acid Rain plants (commencing operation
before January 1, 2001) serving the generators remaining on the
generator list after the above-described exclusions. Simple and
combined cycle combustion turbines were identified based directly on
the generator ID and prime mover type in EIA form 860.
From EIA form 860 we also identified all simple combustion
turbines, at Acid Rain plants, with a nameplate capacity greater than
25 MWe, a fossil fuel energy source, and an online date prior to
January 1991. These simple combustion turbines are potential CAIR units
even though they may be non-Acid Rain units since they have reported to
EIA that they sell electricity to a utility based on EIA form 860b data
from 1999 and 2000 and serve a generator greater than 25 MWe.
The resulting list of non-Acid Rain units was also checked against
EPA's National Electric Energy Data System (NEEDS) database. The NEEDS
database contains a list of electric generating units used to construct
the ``model'' plants that represent existing and planned/committed
units in EPA modeling applications of the Integrated Planning Model
(IPM). The NEEDs check resulted in the addition of a number of non-Acid
Rain pre-1991 combined cycle combustion turbines at Acid Rain plants
and biomass-fired boilers that burn a small amount of fossil fuel.
EPA also included specific units in the list of existing potential
CAIR units based on previous comments and supporting data submitted to
the EPA by the owners or operators of the units involved.
EPA notes that inclusion of a unit in, or exclusion of a unit from,
the inventory of existing potential CAIR units reflects only a
preliminary application of the applicability of CAIR and does not
constitute a final determination concerning the applicability of CAIR
to the unit. As discussed above, the inventory is being developed in
order to enable EPA to calculate allowance allocations for existing
units, and the data that EPA used in developing the inventory are not
complete and have certain limitations. While allocations are to be
based on the best available data provided to EPA when allocations are
being calculated, applicability must be determined based on the
relevant, actual data, whether or not the actual data are provided at
the time allocations are made. In fact, because an inventory developed
for purposes of allowance allocation may not be entirely consistent
with final applicability determinations, Sec. Sec. 97.142(e) and
97.342(e) establish procedures to be applied when the Administrator
determines that a unit that has been allocated allowances turns out not
to actually be a CAIR unit. For example, if this determination is made
after the allowance allocation is recorded but before deductions for
compliance with the allowance-holding requirement are made under
Sec. Sec. 97.154(b) and 97.354(b), the Administrator will deduct the
allowances and transfer them to a new unit set-aside for the
appropriate State.
Owners and operators of units that should be, but are not, included
in the inventory of existing potential CAIR units should submit
objections, in response to this NODA, informing EPA that the units
should be added to the inventory and allocated allowances, consistent
with the applicability criteria in the CAIR FIP (in Sec. Sec. 97.104
and 97.304). The data necessary for allowance allocations should also
be provided. A unit that is not allocated allowances because of its
exclusion from the inventory may ultimately be determined to be a CAIR
unit. Each CAIR unit is subject to the allowance-holding requirements
of CAIR regardless of whether the unit is allocated any allowances.
B. Annual and Ozone Season Fuel Heat Input Data for Acid Rain Units
EPA used CAMD heat input data reported by units under the Acid Rain
Program for 2000 through 2004 in order to develop annual and ozone
season baseline heat input. Fuel-adjusted heat input was calculated
based on the reported heat input and the primary fuel type (by year)
that was reported to EPA in the unit's Acid Rain Program monitoring
plan. For units that reported coal as their primary fuel for the year,
EPA did not adjust their heat input. For units reporting oil as their
primary fuel, EPA multiplied their heat input by 0.6. If the primary
fuel was not coal or oil, the heat input for the year was multiplied by
0.4.
For some units, the use of the primary fuel type to identify the
appropriate CAIR fuel adjustment factor may not
[[Page 44288]]
yield the same result as using the CAIR FIP definition of ``coal-
fired'' or ``oil-fired'' to identify the appropriate factor. Under the
CAIR FIP, a coal-fired unit is a unit which burns any amount of coal in
a year, and an oil-fired unit is a unit which had more than 15% of its
yearly heat input from oil. The use of primary fuel type will not match
the CAIR FIP definition in cases where coal was burned in a year but
was not listed as the primary fuel, or when more than 15 percent of a
year's heat input was from oil, but oil was not listed as the primary
fuel. EPA used the primary fuel type as a surrogate for the data
necessary to apply the terms ``coal fired'' and ``oil fired'', because
under the Acid Rain Program, more detailed fuel use data are reported
only for units using non-continuous emission monitoring methods.
Because of this limitation on the data used by EPA, the fuel-adjusted
heat input calculated for some units may be lower than if the
calculation were based on more precise data. Owners and operators
should provide, in response to this NODA, any available, more precise
data on fuel use.
C. Annual and Ozone Season Fuel Heat Input Data for Non-Acid Rain
Units
EIA data, as well as Federal Energy Regulatory Commission (FERC)
form 423 data, were used to calculate annual and ozone season fuel-
adjusted baseline heat input for non-Acid Rain units.\2\
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\2\ In some cases, heat input information was not available for
all or a portion of the baseline period. It was not clear whether
this was the result of a unit not operating or a unit failing to
report its operations. A zero value was applied for heat input in
these cases. This may have resulted in an incorrect baseline heat
input for the unit involved.
---------------------------------------------------------------------------
The data sources and calculation methods vary by the type of unit
and data year. The EIA and FERC databases that were used were
downloaded in October 2005 and are available on EIA's Web site at
https://www.eia.doe.gov/cneaf/electricity/page/data.html.
We replaced the calculated ozone season heat input data with data
reported to EPA under the OTC NOX Budget Program and the
NOX SIP Call NOX Budget Trading Program, if
available. The reported heat input was used in conjunction with
information regarding the primary fuel for the year (reported in the
monitoring plan) to calculate the fuel-adjusted heat input.
In addition, EPA also utilized information provided as part of the
CAIR rulemaking process. More specifically, EPA used annual heat input
data submitted in response to EPA's CAIR Notice of Data Availability
published in the Federal Register on April 6, 2004.
Boilers
For 2000, fuel-adjusted annual and ozone season heat input was
calculated for each utility boiler based on EIA form 767 monthly fuel
use and heat content data. The fuel-adjusted 2000 annual heat input was
calculated at the plant level for non-utility boilers based on EIA form
860b data. The fuel usage and heat content information in EIA form 860b
is reported at the plant level, so the fuel-adjusted heat input was
first calculated for the plant and then apportioned equally to each
boiler (at the plant) that is a potential CAIR unit. The ozone season
heat input for non-utility boilers was based on multiplying the annual
heat input by the fraction of the five ozone-season months to 12 annual
months (\5/12\).\3\
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\3\ Plants that were sold in 2000 and changed status from
utility to non-utility sometimes reported using both the utility and
non-utility forms for that year. To avoid double counting of heat
input in these cases, EPA used only the data from utility form or
the data from the non-utility form for the plant, whichever set of
data resulted in the higher heat input for the plant.
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Beginning in 2001, both utility and non-utility boilers reported
using EIA form 767, so fuel-adjusted heat input was calculated for each
boiler based on monthly fuel usage and heat content data from that EIA
form for the 2001 through 2004 period.
Although data for 2000 was developed as described above, EPA
decided not to use the 2000 data in certain cases, i.e., where a plant
included both existing potential CAIR units and existing units that are
not treated as potential CAIR units. Since in those cases the 2000 unit
level heat input could not be determined for existing potential CAIR
units alone without attributing to them heat input that actually was
for units that are not potential CAIR units and this additional heat
input could be significant, EPA decided, in those cases, to exclude the
2000 heat input data and use the average of the three highest annual
heat input values during 2001-2004 in calculating NOX
allowance allocations. In any case where the use of unit level data
(for 2000 or for any other relevant period) will affect the calculation
of the baseline heat input of a unit, the owners and operators of the
unit should provide EPA, in response to this NODA, the unit level data.
Simple Combustion Turbines and Combined Cycle Units at Non-Acid Rain
Plants
The following procedures were used for simple combustion turbines
and combined cycle units at non-Acid Rain plants, which include certain
utility and non-utility plants.\4\ For 2000, data from the EIA form
860b was used to calculate simple combustion turbine and combined cycle
unit fuel-adjusted heat input for the non-utility plants in a similar
manner as the 2000 non-utility boiler calculation. Annual fuel-adjusted
heat input was calculated at the plant level. Data from the EIA form
759 and FERC form 423 were used to calculate simple combustion turbine
and combined cycle heat input for the utility plants. The EIA form 759
provided monthly fuel usage at the prime mover level (simple combustion
turbine, combined cycle combustion turbine, and combined cycle steam
turbine), and the FERC form 423 provided gaseous and liquid fuel heat
content for the plants. The prime mover fuel-adjusted heat input for
the plant was apportioned equally to each potential CAIR unit at the
plant by prime mover type (with combined cycle combustion turbine and
steam turbine heat inputs combined to provide a single combined cycle
heat input). To the extent the plant includes both potential CAIR units
and units that are not treated as potential CAIR units, this approach
may have resulted in calculated heat input values exceeding the actual
heat input for the potential CAIR units. Unlike the boiler data, that
required apportioning plant level data only for 2000, combustion
turbine EIA data are only available at the plant level for all of the
years. Therefore the approach taken for boilers, excluding one year of
plant level data when that data may be impacted by units not subject to
CAIR, was not available. In any case where the use of unit level data
(for 2000 or for any other relevant period) will affect calculation of
the baseline heat input of a unit, the owners and operators of the unit
should provide EPA, in response to this NODA, the unit level data.
Ozone-season heat input was calculated based on the \5/12\ fraction of
ozone-season months to annual months.
---------------------------------------------------------------------------
\4\ See note 2.
---------------------------------------------------------------------------
In 2001 the EIA form 759 was renamed as form 906, with separate
similar versions for non-utility and utility plant prime mover level
fuel usage. Data for the non-utility and utility plants from these
forms were combined with the FERC form 423 heat content data to
calculate prime mover level fuel-adjusted heat input. This prime mover
level annual and ozone season heat input was then apportioned equally
to each simple combustion turbine or combined cycle turbine (at the
plant) that is a potential CAIR unit by prime mover type as described
earlier for the 2000 utility units.
[[Page 44289]]
EIA combined the utility and non-utility reporting forms in 2002
and changed the format. The EIA form 906 for 2002 through 2004 provided
both fuel usage and fuel heat input on a monthly basis. The annual and
ozone season fuel-adjusted heat input was totaled for each of the non-
utility and utility plants at the prime mover level and then
apportioned equally to each potential CAIR unit at the plant, as
described above for the 2000 and 2001 EIA form 759 and 906 data.
Non-Acid Rain Simple Combustion Turbines at Acid Rain Plants
The fuel-adjusted heat inputs for non-Acid Rain simple combustion
turbines located at Acid Rain plants with no Acid Rain combustion
turbines were calculated and apportioned in a similar manner as
described above for simple combustion turbines and combined cycle units
at non-Acid Rain plants.
Heat inputs, however, for non-Acid Rain combustion turbines located
at plants with Acid Rain combustion turbines had to be calculated in a
different manner in order to not double count heat input. At these
plants the plant or prime mover level heat input, calculated with EIA
data as described above, included heat input from both the non-Acid
Rain and Acid Rain turbines. Since the baseline heat input for the Acid
Rain turbines at the plant was taken from data reported to EPA under
the Acid Rain Program, the Acid Rain data was subtracted from the total
EIA-based combustion turbine and combined cycle heat input. The
remaining fuel-adjusted heat input was then apportioned equally to each
of the non-Acid Rain turbines. In some cases the difference between EIA
and Acid Rain heat input was zero or even negative resulting in zero
heat input for the non-Acid Rain units.
5. How Do I Interpret the Data Tables Presented in Today's NODA?
This section provides a brief description of the types of data
included in each table of today's NODA. A more detailed description of
the data tables may be found in the TSD titled ``Data Field Description
for the CAIR FIP NOX Annual and NOX Ozone-season
Allocation Tables'' which is available in the docket and on the Web
site mentioned in section 8. In general, the CAIR Annual and Ozone
Season NOX Allocation tables were created primarily using
data reported to CAMD (under the Acid Rain Program) and the EIA. For a
small number of non-Acid Rain units, annual allocations incorporated
heat input information provided by the sources in response to a
previous NODA.
For Acid Rain units, EPA used heat input data reported as required
under the program. For non-Acid Rain Program units, the EIA data was
used to determine heat input and primary fuel. Tables 1 and 2 contain
the annual and ozone season unit NOX allowance allocations.
Tables 3, 4, and 5 contain the EIA data, CAMD data, and source provided
data regarding heat input and primary fuel used to calculate the annual
allocations. Tables 6 and 7 contain additional EIA and CAMD data used
to calculate ozone season allocations.
Some units (i.e., units not reporting under the Acid Rain Program,
OTC NOX Budget Program, or NOX SIP Call
NOX Budget Trading Program during a portion of the baseline
period) use heat input data available from both EIA and CAMD to compile
the baseline heat input. For these units the EIA annual heat input data
are used until the first full year of Acid Rain Program data are
available. Ozone season heat inputs used for the ozone season
allocation are from the data reported under the Acid Rain Program, OTC
NOX Budget Program, and NOX SIP Call
NOX Budget Trading Program, if available, in Table 7. For a
small number of non-Acid Rain Units, source-reported annual heat input
data in Table 5 for 2000-2002 data years were used in place of EIA
data.
Table 8 contains a list of units that have not received allocations
because of their possible exclusion from the CAIR FIP trading program
based on sales data, or qualifying cogeneration facility status. The
owners and operators of each such unit should review the unit's data to
ensure that the unit is not a potential CAIR unit. As discussed above,
if the owners or operators determine that the unit should be included
in the inventory and allocated allowances, they should submit
objections to the exclusion of the unit and provide the relevant data
supporting the inclusion of the unit and the necessary data for
allocating allowances.
Table 9 contains a list of units that have not received
NOX allowance allocations because of their possible CAIR
exemption due to being a solid waste incinerator. As mentioned in
section 4, the units qualifying for this exemption were identified
based on EIA form 860 response for plant type and their primary energy
source. The owners and operators of each such unit should review the
unit's data to ensure that the unit is not a potential CAIR unit. As
discussed above, if the owners or operators determine that the unit
should be included in the inventory and allocated allowances, they
should submit objections to the exclusion of the unit and provide the
relevant data supporting the inclusion of the unit and the necessary
data for allocating allowances.
6. Why Is the EPA Providing Opportunity To Object to These Data and the
Calculations Using the Data in the Allocation Formula?
Through today's NODA, EPA is providing owners, operators, states,
and the public the opportunity to object to the data used to determine
what units are existing potential CAIR units, which qualify for
allowance allocations for 2009-2014, and to calculate NOX
allocations in order to ensure that we use the best available data in
the FIP allocation process. For example, the heat input and primary
fuel data used to calculate allocations came from data reported to EPA
and EIA, and a source owner or operator (or other member of the public)
should submit an objection if he or she sees any discrepancy between
the data reported for the source regarding heat input and fuel type and
the data used in calculating the NOX FIP allocations. Such
objection should include the data that the person submitting the
objection believes EPA should use. EPA is also providing an opportunity
to object to the calculations using the allocation formula and the data
in order to ensure the accuracy of the calculations.
Today's NODA is based upon the list of potential CAIR units
developed using currently available data. As discussed above, this
inventory does not constitute a definitive list of existing CAIR units,
but rather reflects EPA's preliminary application of the applicability
criteria in the CAIR FIP NFR (i.e., the criteria providing that a unit
is subject to CAIR if it is a stationary fossil-fuel-fired boiler or
combustion turbine serving at any time on or after November 15, 1990 or
the start-up of the unit's combustion chamber, a generator with
nameplate capacity more than 25 MWe producing electricity for sale,
except for cogeneration units and solid waste incineration units that
meet certain requirements). The EPA is providing this opportunity for
source owners and operators, states, and the public to (1) Object to
the inclusion of units in, or exclusion of units from, the allocation
tables in the NODA and the data on which the inclusion or exclusion is
based, (2) object to the heat input and fuel data used to calculate the
allocations and the resulting calculations themselves reflected in the
tables, and (3) submit, as part of the
[[Page 44290]]
objection, corrections of the data or supplementary data.
EPA requests that a source owner or operator, State, or other
members of the public who believes that a unit has been incorrectly
included in or excluded from the allocation tables submit an objection
(including supporting data) in order to clarify the unit's status under
CAIR, consistent with the CAIR FIP applicability provisions (in
Sec. Sec. 97.104 and 97.304). (Any objections to the applicability
provisions themselves will not be considered.) If an existing unit is
not allocated allowances for 2009-2014 in today's NODA, nor in the
follow up NODA issued in response to objections to today's NODA, and is
later found to be subject to CAIR, that unit will not receive allowance
allocations for 2009-2014 under the CAIR FIP. However, the unit will be
subject to the requirement to hold allowances.
The addition or removal of existing units to or from a State's
inventory will not impact the size of the State's emission budget.
Revisions, in a follow-up notice issued in response to objections to
the inventory provided in today's NODA, may result in the individual
units receiving different shares of the applicable State budget.
7. What Data Are the EPA Making Available for Review and Objection?
EPA has used the best available data to develop an inventory of
existing units that currently are potentially covered by the CAIR FIP
and to calculate each existing unit's allowance allocations for 2009-
2014. However, through the NODA, EPA is giving unit owners, unit
operators, and the public the opportunity to offer objections regarding
individual units' treatment as potentially covered or not covered by
CAIR and, for units treated as potential CAIR units, the data used in
the allocation calculations and the allocations resulting from such
calculations.
Specifically, this document is a notice of data availability and
provides an opportunity for objection regarding the treatment of
individual units as existing units potentially covered or not covered
by CAIR and the data used as the basis for this treatment (such as
sales data obtained from EIA databases for 1999-2000 and qualifying
facility status). This document also provides an opportunity for
objections regarding the data used in calculating CAIR FIP
NOX allocations for individual existing units: CAMD heat
input and fuel data under the Acid Rain Program for the years 2000-
2004, under the NOX Budget Program (NBP) for 2000-2002 for
Ozone Transport Commission (OTC) units, and under the NOX
Budget Trading Program for years 2003-2004 for units under the
NOX SIP Call; and heat input and fuel data obtained in EIA
databases for units that are not under these programs. This document
also provides an opportunity for objection regarding EPA's calculations
using the data in the CAIR FIP allocation formulas.
In summary, the EPA is providing an opportunity for public
objections to--and will consider only objections to--the inclusion of
units in or exclusion of units from the inventory of potential existing
CAIR units, the data on which such inclusion or exclusion is based, the
allocation calculations using the CAIR FIP allocation formulas, and the
data used in these calculations. Readers should note that we are not
soliciting, and will not consider, objections on other topics (such as
the allocation formulas and State budgets).
Today's action makes available for review and objection:
NOX annual and NOX ozone season allocations for
individual units in CAIR States for the FIP; the adjusted heat input
values for each unit for 2000-2004; the baseline heat input used to
calculate the allocations; and the other data used to include units in,
or exclude units from, the list of existing potential CAIR units for
which allocations are calculated.
In particular, EPA is making the following data available for
review:
EIA Annual Heat Input (EIA data were used to obtain heat
input and fuel type data for those units that are subject to the CAIR
rule, but are not reporting under the Acid Rain Program).
EIA Ozone Season Heat Input
CAMD Acid Rain Program Annual Heat Input
CAMD Acid Rain Program, OTC NOX Budget Program,
and NOX SIP Call NOX Budget Trading Program Ozone
Season Heat Input
Unit NOX Annual Allowance Allocation Table
Unit NOX Ozone Season Allocation Table
In addition to accepting objections to the data listed above and
the calculations made by EPA in using the data to determine
allocations, EPA will also accept objections to the inclusion of a unit
in, or exclusion of a unit from, the inventory of existing potential
CAIR units for which allocations are determined for the CAIR FIP and
the data on which such inclusion or exclusion is based. Any objection
should include corrections of the data relevant to the objection or
should include relevant, supplementary data.
8. Where Can I Get the Data?
Tables 1 through 9, which include the allowance allocations, heat
input, and fuel data, are available in an excel file titled ``Data for
EGU NOX Annual and NOX Ozone Season Allocations
for the Clean Air Interstate Rule Federal Implementation Plan Trading
Programs'' on the CAMD Web site at https://www.epa.gov/airmarkets/cair/
NODA. The ``NODA'' link will open a Web page which contains this excel
file, along with the NODA and Technical Support Document in PDF format.
The NODA is titled ``Notice of Data Availability for EGU NOX
Annual and NOX Ozone Season Allocations for the Clean Air
Interstate Rule Federal Implementation Plan Trading Program'', and the
TSD is titled ``Data Field Description for the CAIR FIP NOX
Annual and NOX Ozone Season Allocation Tables''. In
addition, these files are in the CAIR FIP Docket (Docket ID No. OAR-
2004-0076).
Other data used in developing the inventory of potential existing
CAIR units can be found on the EIA Web site through the link given in
section 4 of this NODA.
9. On What Topics Is EPA Not Requesting Objections?
Consistent with sections 4 through 8 of today's NODA, EPA is
soliciting objections only on the matters, data, and calculations
discussed or referenced in those sections of the NODA. EPA is not
requesting objection on any other matter. For example, the
NOX allocations for existing CAIR units are determined using
the allowance allocation methodology in the CAIR FIP, which takes each
unit's three highest control-period adjusted heat input values for 2000
through 2004, averages them, and allocates to each unit based on its
proportionate share of the total adjusted heat input for existing CAIR
units in the state. This methodology for calculating unit allowance
allocations, as well as the CAIR applicability provisions, were
finalized in the CAIR FIP rule, and are not open for objection.
10. What Supporting Documentation Do I Need To Provide With my
Objections?
While we will consider all objections we receive within the scope
of this NODA, these objections must be supported with appropriate
documentation. Supporting documentation can include, but is not limited
to, spreadsheets, explanations of why you believe the data on such
spreadsheets are more accurate (e.g., the quality assurance of the
data), and information on the data source.
In general, we do not anticipate revisions to unit heat input data
and
[[Page 44291]]
other unit data reported to EPA under the Acid Rain Program since, in
submitting the data under the program, a source's Designated
Representative has already certified the accuracy of the data. However,
we will consider any objections. For example, a source's Designated
Representative may provide evidence that we improperly calculated heat
input at the unit level, where the heat input was actually measured at
another location (such as a common stack). As a further example, a
source's Designated Representative may demonstrate that the data
provided in today's NODA are not consistent with the data reported to
EPA for compliance with the Acid Rain Program. In that case, the
objector should explain why the data values in EPA's data files are
incorrect and should document and explain the new data values.
Similarly, in general, we do not anticipate revisions to data
reported to EIA since such data were submitted to meet regulatory
reporting requirements. However, we will consider any objections to the
data as reported, as well as any calculation in which we used the data
for purposes of today's NODA.
Dated: July 27, 2006.
Brian McLean,
Director, Office of Atmospheric Programs.
[FR Doc. E6-12628 Filed 8-3-06; 8:45 am]
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