Notice of Data Availability Concerning 2010 CAIR NOX, 37433-37435 [2010-15765]

Download as PDF emcdonald on DSK2BSOYB1PROD with NOTICES4 Federal Register / Vol. 75, No. 124 / Tuesday, June 29, 2010 / Notices Collection Request (ICR) to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. On March 23, 2010 (75 FR 13759), EPA sought comments on this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional comments on this ICR should be submitted to EPA and OMB within 30 days of this notice. EPA has established a public docket for this ICR under Docket ID Number EPA–HQ–OAR–2003–0120, which is available for public viewing on-line at https://www.regulations.gov, or in person viewing at the Air Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC. The EPA Docket Center 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 Reading Room is (202) 566–1744 and the telephone number for the Air Docket is (202) 566–1742. Use EPA’s electronic docket and comment system at https:// www.regulations.gov to submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the docket that are available electronically. Once in the system, select ‘‘docket search,’’ then key in the docket ID number identified above. Please note that EPA’s policy is that public comments, whether submitted electronically or on paper, will be made available for public viewing at https://www.regulations.gov, as EPA receives them and without change, unless the comment contains copyrighted material, confidential business information (CBI), or other information whose public disclosure is restricted by statute. For further information about the electronic docket, go to https://www.regulations.gov. Title: National Volatile Organic Compound Emission Standards for Automobile Refinish Coatings (Renewal). ICR Numbers: EPA ICR Number 1765.06, OMB Control Number 2060– 0353. ICR Status: This ICR is scheduled to expire on June 30, 2010. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA’s regulations in Title 40 of the CFR, after appearing in the Federal Register when approved, are listed in 40 CFR part 9, and displayed either by publication in VerDate Mar<15>2010 19:55 Jun 28, 2010 Jkt 220001 the Federal Register or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9. Abstract: The EPA is required under section 183(e) of the Clean Air Act to regulate volatile organic compound emissions from the use of consumer and commercial products. Pursuant to section 183(e)(3), the EPA published a list of consumer and commercial products and a schedule for their regulation (60 FR 15264). Automobile refinish coatings were included on the list, and the standards for such coatings are codified at 40 CFR part 59, subpart B. The reports required under the standards enable EPA to identify all coating and coating component manufacturers and importers in the United States and to determine which coatings and coating components are subject to the standards, based on dates of manufacture. Burden Statement: The annual public reporting and recordkeeping burden for this collection of information is estimated to average four hours per response. Burden means the total time, effort or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. Respondents/Affected Entities: Manufacturers and importers of automobile refinish coatings and coating components. Estimated Number of Respondents: 4. Frequency of Response: On occasion. Estimated Total Annual Hour Burden: 14. Estimated Total Annual Cost: $1,038, includes $0 annualized capital or operations and maintenance costs. Changes in the Estimates: There is no change in the total estimated burden currently identified in the OMB Inventory of Approved ICR Burdens. PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 37433 Dated: June 23, 2010. John Moses, Director, Collection Strategies Division. [FR Doc. 2010–15763 Filed 6–28–10; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9169–5] Notice of Data Availability Concerning 2010 CAIR NOX Annual Trading Program New Unit Set-aside Allowance Allocations Under the Clean Air Interstate Rule Federal Implementation Plan AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of data availability (NODA). SUMMARY: EPA is administering—under the Clean Air Interstate Rule (CAIR) Federal Implementation Plans (FIPs)— the CAIR NOX Annual Trading Program (CAIRNOX) new unit set-aside allowance pools for Delaware and the District of Columbia. The CAIRNOX FIPs require the Administrator to determine each year by order the allowance allocations from the new unit set-aside for units in these jurisdictions whose owners and operators requested these allocations and to provide the public with the opportunity to object to the allocation determinations. In this NODA EPA is making available to the public the emissions data and other information upon which the allocations, or denial of allocations, are based and the CAIRNOX new unit set-aside allowance allocation (if any) for each individual unit. DATES: Objections must be received by July 29, 2010. ADDRESSES: Submit your objections by one of the following methods: A. E-mail: CAIR_NOx_Annual_ NUSA@epamail.epa.gov. B. Mail: Robert L. Miller, U.S. Environmental Protection Agency, CAMD (6204J), Attn: 2010 CAIRNOX New Unit Set-aside, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Instructions: If you submit an objection, include your name and other contact information in the body of your objection. 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 not have special characters and any form of encryption and should be free of any defects or viruses. FOR FURTHER INFORMATION CONTACT: Questions concerning this action should E:\FR\FM\29JNN1.SGM 29JNN1 37434 Federal Register / Vol. 75, No. 124 / Tuesday, June 29, 2010 / Notices be addressed to Robert L. Miller, U.S. Environmental Protection Agency, CAMD (6204J), 1200 Pennsylvania Ave., NW., Washington, DC 20460, telephone (202) 343–9077, and e-mail miller.robertl@epa.gov. If mailing by courier, address package to Robert L. Miller, 1310 L St., NW., Room 254B, Washington, DC 20005. SUPPLEMENTARY INFORMATION: Outline 1. General Information. 2. What is the Purpose of this NODA? 3. What are the Requirements and Procedures for Requesting and Receiving 2010 CAIRNOX New Unit Set-Aside Allowances? 4. How is EPA Applying to Individual CAIRNOX Units the Requirements for Requesting and Receiving 2010 CAIRNOX New Unit Set-Aside Allowance Allocations? 1. General Information emcdonald on DSK2BSOYB1PROD with NOTICES4 Does this Action Apply to Me? This NODA applies to CAIRNOX units in Delaware and the District of Columbia whose owners and operators requested on or before May 3, 2010 a 2010 CAIRNOX allowance allocation from the new unit set-aside. What Should I Consider as I Prepare and Submit any Objections for EPA? When preparing and submitting an objection, remember to: (1) Identify the source (facility name, plant code) and unit identification number for which the objection is being made; (2) Make sure to submit your objection by the deadline identified. If you e-mail your objection, put ‘‘Objection for 2010 CAIRNOX New Unit Set-aside’’ in the subject line to alert the Administrator that an objection is included. If mailing by courier, address the package to Robert L. Miller, 1310 L St., NW., Room 254B, Washington, DC 20005. Clearly mark any portion of the information that you claim to be CBI. For CBI 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. 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: Robert L. Miller, EPA Headquarters, CAMD (6204J), 1200 Pennsylvania Avenue, NW., Washington DC 20460. 2. What Is the Purpose of This NODA? The purpose of this NODA is to make all of the data upon which the VerDate Mar<15>2010 19:55 Jun 28, 2010 Jkt 220001 allocations or denial of allocations are based available to the public for objection to ensure that the data on which the applicable determination for each unit is based are correct. Any person objecting to any of the data should explain the basis for his or her objection, provide alternative data and supporting documentation, and explain why the alternative data are the best available data. EPA will consider any substantive objections to the data. The provisions of § 97.142(c)—which govern the submission of requests for CAIRNOX allowance allocations from the new unit set-aside and set forth the criteria for qualification for, and the methodologies for calculating, such allocations for each individual unit—are final and are described in this NODA solely for informational purposes and are not open for objection. However, objections may be submitted concerning whether EPA determined, in a manner consistent with these rule provisions, the CAIRNOX allowance allocation (if any) from the new unit set-aside for 2010 for any unit for which such an allowance allocation was requested. See 40 CFR 97.141(d). 3. What Are the Requirements for Requesting and Receiving CAIRNOX New Unit Set-Aside Allowances and the Procedures for Allocating Such Allowances? EPA is administering the 2010 CAIRNOX new unit set-aside allowance pools for Delaware and the District of Columbia, which are comprised of a maximum of 208 allowances for Delaware and 7 allowances for the District of Columbia. Under §§ 97.142(c)(2) and 97.107(c), the owners and operators of any unit for which CAIRNOX new unit set-aside allowances were sought for 2010 had to submit to EPA a request for CAIRNOX new unit set-aside allowance allocations by May 3, 2010. Since May 1, which is the generally applicable submission date specified in § 97.142(c)(2), is Saturday this year, the submission deadline for 2010 is the next business day, i.e., May 3, under § 97.107(c). The owners and operators of a CAIRNOX unit in Delaware or the District of Columbia could request a CAIRNOX new unit set-aside allowance allocation if (1) the unit is subject to the CAIRNOX, (2) the unit is not allocated any CAIRNOX allowances under § 97.142(b) because it lacks a baseline heat input or because all CAIRNOX allowances available under § 97.142(b) for the year have already been allocated, and (3) the owners and operators of the unit submitted a timely request by the May 3, 2010 deadline. If a unit meets PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 these criteria, EPA determines the allocation amount by determining the 2009 NOX mass emissions data reported under 40 CFR part 75 for the unit during the 2009 calendar year. Finally, EPA makes any necessary adjustments under § 97.142(c)(4) to each such unit’s allocation amount in order to ensure that the total amount of CAIRNOX new unit set-aside allowances allocated for 2010 does not exceed the amount of allowances in the new unit set-aside for 2010. 4. How Is EPA Applying to Individual CAIRNOX Units the Requirements for Requesting and Receiving CAIRNOX New Unit Set-Aside Allowance Allocations? On April 22, 2010 EPA sent an email—to the designated representatives, alternate designated representatives, and their respective agents of CAIRNOX units in the District of Columbia and Delaware—that provided instructions on the proper submission of a request for a CAIRNOX allowance allocation from the new unit set-aside for 2010. The April 22, 2010 e-mail explained what data should be submitted with the request and reminded addressees of the May 3, 2010 deadline for such requests. Among the data elements for a request under § 97.142(c)(2) were the number of allowances requested in an amount no greater than the unit’s NOX emissions for the 2009 calendar year. EPA received timely requests for 2010 CAIRNOX new unit set-aside allowance allocations for 10 CAIRNOX units in Delaware; no requests were received for CAIRNOX units in the District of Columbia. The detailed unit-by-unit data, allowance allocation determinations, and calculations are set forth in a technical support document, which is a single Excel spreadsheet titled ‘‘2010 CAIRNOX FIP New Unit Set-Aside Allocations Data’’ and is available on EPA’s Web site at https://www.epa.gov/ airmarkets/cair/nox_annual_nusa/ index.html. EPA will publish a second NODA, after the 30-day period for submitting objections concerning this NODA, in order to address any objections and make any necessary adjustments to the data published in this NODA to ensure that EPA’s allowance allocation determinations are in accordance with § 97.142(c). EPA will record, no later than December 1, 2010, CAIRNOX allowance allocations from the new unit set-aside for 2010 after publication of the second NODA. See 40 CFR 97.153(e). E:\FR\FM\29JNN1.SGM 29JNN1 Federal Register / Vol. 75, No. 124 / Tuesday, June 29, 2010 / Notices Dated: June 22, 2010. Brian McLean, Director, Office of Atmospheric Programs. to the Federal Communications Commission via email to PRA@fcc.gov. FOR FURTHER INFORMATION CONTACT: Judith B. Herman, Office of Managing Director, (202) 418–0214. For additional information, contact Judith B. Herman, OMD, 202–418–0214, or email judith– b.herman@fcc.gov [FR Doc. 2010–15765 Filed 6–28–10; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION emcdonald on DSK2BSOYB1PROD with NOTICES4 June 17, 2010. SUMMARY: The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act (PRA) of 1995, 44 U.S.C. 3501 – 3520. Comments are requested concerning: (a) whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission’s burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology, and (e) ways to further reduce the information collection burden on small business concerns with fewer than 25 employees. The FCC may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act (PRA) that does not display a currently valid OMB control number. DATES: Written Paperwork Reduction Act (PRA) comments should be submitted on or before [August 30, 2010 REGISTER]. If you anticipate that you will be submitting PRA comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the FCC contact listed below as soon as possible. ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, Office of Management and Budget, via fax at 202– 395–5167 or via the Internet at Nicholas_A._Fraser@omb.eop.gov and 19:55 Jun 28, 2010 Jkt 220001 Federal Communications Commission. Marlene H. Dortch, Secretary, Office of the Secretary, Office of Managing Director. [FR Doc. 2010–15733 Filed 6–28–10 8:45 am] BILLING CODE 6712–01–S SUPPLEMENTARY INFORMATION: Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission, Comments Requested VerDate Mar<15>2010 37435 OMB Control Number: 3060–0192. Title: Section 87.103, Posting Station License. Form No.: N/A. Type of Review: Extension of a currently approved collection. Respondents: Business or other for– profit, not–for–profit institutions, and state, local or tribal government. Number of Respondents and Responses: 43,896 respondents, 43,896 responses. Estimated Time Per Response: .25 hours. Frequency of Response: Recordkeeping requirement. Obligation to Respond: Required to obtain or retain benefits. Statutory authority for this information collection is contained in sections 47 U.S.C. 301 and 303. Total Annual Burden: 10,974 hours. Total Annual Cost: N/A. Privacy Act Impact Assessment: N/A. Nature and Extent of Confidentiality: There is no need for confidentiality. Needs and Uses: The Commission will submit this expiring information collection to the Office of Management and Budget (OMB) after this comment period to obtain the full three year clearance from them. The Commission is requesting an extension (no change in the recordkeeping requirement). There is a 5,976 hour burden reduction adjustment which is due to fewer respondents subject to this requirement. The recordkeeping requirement contained in Section 87.103 is necessary to demonstrate that all transmitters in the Aviation Service are properly licensed in accordance with the requirements of Section 301 of the Communications Act of 1934, as amended, No. 2020 of the International Radio Regulation, and Article 30 of the Convention on International Civil Aviation. The information is used by FCC personnel during inspections and investigations to insure the particular station is licensed and operated in compliance with applicable rules, statutes, and treaties. In the case of aircraft stations, the information may be utilized for similar purposes by appropriate representatives of foreign governments when the aircraft is operated in foreign nations. PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 FEDERAL MARITIME COMMISSION Fact Finding Investigation No. 27; Potentially Unlawful, Unfair or Deceptive Ocean Transportation Practices Related to the Movement of Household Goods or Personal Property in U.S.-Foreign Oceanborne Trades; Order of Investigation Pursuant to the Shipping Act of 1984, 46 U.S.C. 40101 et seq. (‘‘Shipping Act’’), the Federal Maritime Commission (‘‘FMC’’ or ‘‘Commission’’) is charged with regulating the common carriage of goods by water in the foreign commerce of the United States (‘‘liner service’’). In doing so, the Commission must be mindful of the purpose of its regulation, which includes protecting the public from unlawful, unfair or deceptive ocean transportation practices and resolving shipping disputes in the movement of cargo in U.S.-foreign oceanborne trades. Each year, the Commission receives a substantial number of complaints from individuals that have experienced various problems with their international household goods or personal property shipments. Between 2005 and 2009, the Commission received over 2,500 consumer complaints related to household goods moving companies transporting household goods or personal property between various locations in the United States and foreign destinations. Many of those complaints are filed by individuals who are first-time or very occasional users of international shipping services. This issue is a serious and substantial consumer protection problem within the Commission’s area of responsibility. Typical complaints allege failure to deliver the cargo and refusal to return the pre-paid ocean freight; loss of the cargo; significant delay in delivery; charges to the shipper for marine insurance that was never obtained; misinformation as to the whereabouts of the cargo; significantly inflated charges after the cargo was tendered and threats to withhold the shipment unless the increased freight was paid; or failure to pay the common carrier engaged by the company as another intermediary. In many cases, a shipper has been forced to pay another carrier or warehouse a E:\FR\FM\29JNN1.SGM 29JNN1

Agencies

[Federal Register Volume 75, Number 124 (Tuesday, June 29, 2010)]
[Notices]
[Pages 37433-37435]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-15765]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9169-5]


Notice of Data Availability Concerning 2010 CAIR NOX Annual 
Trading Program New Unit Set-aside Allowance Allocations Under the 
Clean Air Interstate Rule Federal Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of data availability (NODA).

-----------------------------------------------------------------------

SUMMARY: EPA is administering--under the Clean Air Interstate Rule 
(CAIR) Federal Implementation Plans (FIPs)--the CAIR NOX 
Annual Trading Program (CAIRNOX) new unit set-aside allowance pools for 
Delaware and the District of Columbia. The CAIRNOX FIPs require the 
Administrator to determine each year by order the allowance allocations 
from the new unit set-aside for units in these jurisdictions whose 
owners and operators requested these allocations and to provide the 
public with the opportunity to object to the allocation determinations. 
In this NODA EPA is making available to the public the emissions data 
and other information upon which the allocations, or denial of 
allocations, are based and the CAIRNOX new unit set-aside allowance 
allocation (if any) for each individual unit.

DATES: Objections must be received by July 29, 2010.

ADDRESSES: Submit your objections by one of the following methods:
    A. E-mail: CAIR_NOx_Annual_NUSA@epamail.epa.gov.
    B. Mail: Robert L. Miller, U.S. Environmental Protection Agency, 
CAMD (6204J), Attn: 2010 CAIRNOX New Unit Set-aside, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460.
    Instructions: If you submit an objection, include your name and 
other contact information in the body of your objection. 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 not have special characters and any form of 
encryption and should be free of any defects or viruses.

FOR FURTHER INFORMATION CONTACT: Questions concerning this action 
should

[[Page 37434]]

be addressed to Robert L. Miller, U.S. Environmental Protection Agency, 
CAMD (6204J), 1200 Pennsylvania Ave., NW., Washington, DC 20460, 
telephone (202) 343-9077, and e-mail miller.robertl@epa.gov. If mailing 
by courier, address package to Robert L. Miller, 1310 L St., NW., Room 
254B, Washington, DC 20005.

SUPPLEMENTARY INFORMATION: 

Outline

1. General Information.
2. What is the Purpose of this NODA?
3. What are the Requirements and Procedures for Requesting and 
Receiving 2010 CAIRNOX New Unit Set-Aside Allowances?
4. How is EPA Applying to Individual CAIRNOX Units the Requirements 
for Requesting and Receiving 2010 CAIRNOX New Unit Set-Aside 
Allowance Allocations?

1. General Information

Does this Action Apply to Me?

    This NODA applies to CAIRNOX units in Delaware and the District of 
Columbia whose owners and operators requested on or before May 3, 2010 
a 2010 CAIRNOX allowance allocation from the new unit set-aside.

What Should I Consider as I Prepare and Submit any Objections for EPA?

    When preparing and submitting an objection, remember to:
    (1) Identify the source (facility name, plant code) and unit 
identification number for which the objection is being made;
    (2) Make sure to submit your objection by the deadline identified.
    If you e-mail your objection, put ``Objection for 2010 CAIRNOX New 
Unit Set-aside'' in the subject line to alert the Administrator that an 
objection is included. If mailing by courier, address the package to 
Robert L. Miller, 1310 L St., NW., Room 254B, Washington, DC 20005. 
Clearly mark any portion of the information that you claim to be CBI. 
For CBI 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. 
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: Robert L. Miller, EPA 
Headquarters, CAMD (6204J), 1200 Pennsylvania Avenue, NW., Washington 
DC 20460.

2. What Is the Purpose of This NODA?

    The purpose of this NODA is to make all of the data upon which the 
allocations or denial of allocations are based available to the public 
for objection to ensure that the data on which the applicable 
determination for each unit is based are correct. Any person objecting 
to any of the data should explain the basis for his or her objection, 
provide alternative data and supporting documentation, and explain why 
the alternative data are the best available data. EPA will consider any 
substantive objections to the data.
    The provisions of Sec.  97.142(c)--which govern the submission of 
requests for CAIRNOX allowance allocations from the new unit set-aside 
and set forth the criteria for qualification for, and the methodologies 
for calculating, such allocations for each individual unit--are final 
and are described in this NODA solely for informational purposes and 
are not open for objection. However, objections may be submitted 
concerning whether EPA determined, in a manner consistent with these 
rule provisions, the CAIRNOX allowance allocation (if any) from the new 
unit set-aside for 2010 for any unit for which such an allowance 
allocation was requested. See 40 CFR 97.141(d).

3. What Are the Requirements for Requesting and Receiving CAIRNOX New 
Unit Set-Aside Allowances and the Procedures for Allocating Such 
Allowances?

    EPA is administering the 2010 CAIRNOX new unit set-aside allowance 
pools for Delaware and the District of Columbia, which are comprised of 
a maximum of 208 allowances for Delaware and 7 allowances for the 
District of Columbia. Under Sec. Sec.  97.142(c)(2) and 97.107(c), the 
owners and operators of any unit for which CAIRNOX new unit set-aside 
allowances were sought for 2010 had to submit to EPA a request for 
CAIRNOX new unit set-aside allowance allocations by May 3, 2010. Since 
May 1, which is the generally applicable submission date specified in 
Sec.  97.142(c)(2), is Saturday this year, the submission deadline for 
2010 is the next business day, i.e., May 3, under Sec.  97.107(c). The 
owners and operators of a CAIRNOX unit in Delaware or the District of 
Columbia could request a CAIRNOX new unit set-aside allowance 
allocation if (1) the unit is subject to the CAIRNOX, (2) the unit is 
not allocated any CAIRNOX allowances under Sec.  97.142(b) because it 
lacks a baseline heat input or because all CAIRNOX allowances available 
under Sec.  97.142(b) for the year have already been allocated, and (3) 
the owners and operators of the unit submitted a timely request by the 
May 3, 2010 deadline. If a unit meets these criteria, EPA determines 
the allocation amount by determining the 2009 NOX mass 
emissions data reported under 40 CFR part 75 for the unit during the 
2009 calendar year. Finally, EPA makes any necessary adjustments under 
Sec.  97.142(c)(4) to each such unit's allocation amount in order to 
ensure that the total amount of CAIRNOX new unit set-aside allowances 
allocated for 2010 does not exceed the amount of allowances in the new 
unit set-aside for 2010.

4. How Is EPA Applying to Individual CAIRNOX Units the Requirements for 
Requesting and Receiving CAIRNOX New Unit Set-Aside Allowance 
Allocations?

    On April 22, 2010 EPA sent an e-mail--to the designated 
representatives, alternate designated representatives, and their 
respective agents of CAIRNOX units in the District of Columbia and 
Delaware--that provided instructions on the proper submission of a 
request for a CAIRNOX allowance allocation from the new unit set-aside 
for 2010. The April 22, 2010 e-mail explained what data should be 
submitted with the request and reminded addressees of the May 3, 2010 
deadline for such requests. Among the data elements for a request under 
Sec.  97.142(c)(2) were the number of allowances requested in an amount 
no greater than the unit's NOX emissions for the 2009 
calendar year. EPA received timely requests for 2010 CAIRNOX new unit 
set-aside allowance allocations for 10 CAIRNOX units in Delaware; no 
requests were received for CAIRNOX units in the District of Columbia.
    The detailed unit-by-unit data, allowance allocation 
determinations, and calculations are set forth in a technical support 
document, which is a single Excel spreadsheet titled ``2010 CAIRNOX FIP 
New Unit Set-Aside Allocations Data'' and is available on EPA's Web 
site at https://www.epa.gov/airmarkets/cair/nox_annual_nusa/. EPA will publish a second NODA, after the 30-day period for 
submitting objections concerning this NODA, in order to address any 
objections and make any necessary adjustments to the data published in 
this NODA to ensure that EPA's allowance allocation determinations are 
in accordance with Sec.  97.142(c). EPA will record, no later than 
December 1, 2010, CAIRNOX allowance allocations from the new unit set-
aside for 2010 after publication of the second NODA. See 40 CFR 
97.153(e).


[[Page 37435]]


    Dated: June 22, 2010.
Brian McLean,
Director, Office of Atmospheric Programs.
[FR Doc. 2010-15765 Filed 6-28-10; 8:45 am]
BILLING CODE 6560-50-P
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