Allocations of Cross-State Air Pollution Rule Allowances From New Unit Set-Asides for the 2015 Compliance Year, 44882-44883 [2015-18516]

Download as PDF 44882 Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Rules and Regulations NORTH CAROLINA—2008 8-HOUR OZONE NAAQS [Primary and secondary] Designation Classification Designated area Date 1 Charlotte-Rock Hill, NC–SC 2 ....................................... Date 1 Type This action is effective 7/ 28/2015. Type Attainment Cabarrus County (part) ................................................. Central Cabarrus Township, Concord Township, Georgeville Township, Harrisburg Township, Kannapolis Township, Midland Township, Mount Pleasant Township, New Gilead Township, Odell Township, Poplar Tent Township, Rimertown Township Gaston County (part) Crowders Mountain Township, Dallas Township, Gastonia Township, Riverbend Township, South Point Township Iredell County (part) Davidson Township, Coddle Creek Township Lincoln County (part) Catawba Springs Township, Ironton Township, Lincolnton Township Mecklenburg County Rowan County (part) Atwell Township, China Grove Township, Franklin Township, Gold Hill Township, Litaker Township, Locke Township, Providence Township, Salisbury Township, Steele Township, Unity Township Union County (part) Goose Creek Township, Marshville Township, Monroe Township, Sandy Ridge Township, Vance Township * 1 This * * * * * * date is July 20, 2012, unless otherwise noted. Indian country located in each area, unless otherwise noted. 2 Excludes * * * * * [FR Doc. 2015–18345 Filed 7–27–15; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 97 [FRL–9931–40–OAR] Allocations of Cross-State Air Pollution Rule Allowances From New Unit Set-Asides for the 2015 Compliance Year Environmental Protection Agency (EPA). ACTION: Final rule; notice of data availability (NODA). AGENCY: The Environmental Protection Agency (EPA) is providing notice of emission allowance allocations to certain units under the new unit setaside (NUSA) provisions of the CrossState Air Pollution Rule (CSAPR) federal implementation plans (FIPs) and is responding to objections to preliminary calculations. EPA has completed final calculations for the first asabaliauskas on DSK5VPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 18:34 Jul 27, 2015 Jkt 235001 round of NUSA allowance allocations for the 2015 compliance year and has posted spreadsheets containing the calculations on EPA’s Web site. The final allocations are unchanged from the preliminary calculations. EPA will record the allocated allowances in sources’ Allowance Management System (AMS) accounts by August 1, 2015. DATES: July 28, 2015. FOR FURTHER INFORMATION CONTACT: Questions concerning this action should be addressed to Robert Miller at (202) 343–9077 or miller.robertl@epa.gov or to Kenon Smith at (202) 343–9164 or smith.kenon@epa.gov. SUPPLEMENTARY INFORMATION: Under the CSAPR FIPs, a portion of each state budget for each of the four CSAPR emissions trading programs is reserved as a NUSA from which allowances are allocated to eligible units through an annual one- or two-round process. In a NODA published in the Federal Register on June 1, 2015 (80 FR 30988), EPA described the allocation process and provided notice of preliminary calculations for the first-round 2015 NUSA allowance allocations. EPA also PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 described the process for submitting any objections to the preliminary calculations. In response to the June 1 NODA, EPA received three timely written objections, two late written objections, and several telephone inquiries. The objections and inquiries all concerned the question of whether EPA is correct to exclude emissions that occurred before a unit’s monitor certification deadline from the emissions data used to calculate the NUSA allowance allocations. As explained below, under the regulations such emissions are properly excluded because they are not emissions during a ‘‘control period.’’ Under the CSAPR FIPs, an eligible unit’s first-round NUSA allowance allocation for a given compliance year is generally based on the unit’s emissions ‘‘during the immediately preceding control period’’ (that is, the control period in the year before the compliance year).1 An eligible unit’s second-round NUSA allowance allocation for a given 1 40 CFR 97.412(a)(4)(i), 97.512(a)(4)(i), 97.612(a)(4)(i), and 97.712(a)(4)(i). First-round NUSA allocations may be affected by first-round NUSA over-subscription and rounding. E:\FR\FM\28JYR1.SGM 28JYR1 Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Rules and Regulations compliance year is generally based on the positive difference, if any, between the unit’s emissions ‘‘during such control period’’ (that is, the control period in the compliance year) and the unit’s first-round NUSA allocation for the compliance year.2 A ‘‘control period’’ is defined as either a calendar year or a May-September period—for the SO2 and NOX annual programs and for the NOX ozone season program, respectively—subject in both cases to an exclusion, for any given unit, of periods before the unit’s monitor certification deadline, thereby ensuring that the unit’s ‘‘control periods’’ generally represent the periods for which the unit must hold CSAPR allowances equal to its emissions.3 The emissions data used in calculating NUSA allowance allocations under the CSAPR FIPs thus properly exclude any emissions occurring before a unit’s monitor certification deadline because such emissions are not emissions ‘‘during the immediately preceding control period’’ or ‘‘during such control period.’’ 4 EPA excluded emissions before units’ monitor certification deadlines from the preliminary calculations of first-round 2015 NUSA allowance allocations discussed in the June 1 NODA. In the final calculations, EPA has likewise excluded emissions before units’ monitor certification deadlines and has made no other changes to the data used in the preliminary calculations. The final first-round 2015 NUSA allowance allocations are therefore unchanged from the preliminary calculations. The final unit-by-unit data and allowance allocation calculations are set forth in Excel spreadsheets titled ‘‘CSAPR_NUSA_2015_NOx_Annual_ 1st_Round_Final_Data’’, ‘‘CSAPR_ asabaliauskas on DSK5VPTVN1PROD with RULES 2 40 CFR 97.412(a)(9)(i), 97.512(a)(9)(i), 97.612(a)(9)(i), and 97.712(a)(9)(i). Second-round NUSA allocations occur only if all NUSA allowances were not allocated in the first round and may be affected by second-round NUSA oversubscription and rounding. 3 40 CFR 97.402, 97.502, 97.602, and 97.702 (definitions of ‘‘control period’’); see also 40 CFR 97.406(c)(3), 97.506(c)(3), 97.606(c)(3), and 97.706(c)(3) (exclusion of periods before monitor certification deadline). 4 The CSAPR regulations’ exclusion of periods before a unit’s monitor certification deadline from ‘‘control periods’’ is explicit with respect to control periods in and after 2015, the first year of obligations to hold CSAPR allowances. The regulations’ only operative references to control periods before 2015 are the references in the NUSA allowance allocation provisions to ‘‘the immediately preceding control period,’’ which, in the context of the 2015 compliance year, indicate 2014 ‘‘control periods.’’ EPA interprets the NUSA provisions as intended to operate in the same manner in all compliance years and accordingly interprets the exclusion of periods before a unit’s monitor certification deadline as applying to all control periods, including the 2014 ‘‘control periods.’’ VerDate Sep<11>2014 18:34 Jul 27, 2015 Jkt 235001 NUSA_2015_NOx_OS_1st_Round_ Final_Data’’, and ‘‘CSAPR_NUSA_2015_ SO2_1st_Round_Final_Data,’’ available on EPA’s Web site at https:// www.epa.gov/crossstaterule/ actions.html. The three spreadsheets show EPA’s final determinations of firstround 2015 NUSA allocations under the CSAPR NOX annual, NOX ozone season, and SO2 (Group 1 and Group 2) trading programs, respectively. Pursuant to CSAPR’s allowance recordation timing requirements, the allocated NUSA allowances will be recorded in sources’ AMS accounts by August 1, 2015. EPA notes that an allocation or lack of allocation of allowances to a given unit does not constitute a determination that CSAPR does or does not apply to the unit. EPA also notes that NUSA allocations are subject to potential correction if a unit to which NUSA allowances have been allocated for a given compliance year is not actually an affected unit as of January 1 (or May 1 in the case of the NOX ozone season program) of the compliance year.5 (Authority: 40 CFR 97.411(b), 97.511(b), 97.611(b), and 97.711(b).) Dated: July 20, 2015. Reid P. Harvey, Director, Clean Air Markets Division. [FR Doc. 2015–18516 Filed 7–27–15; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 300 [Docket No. 150619537–5615–01] RIN 0648–XE037 Western and Central Pacific Fisheries for Highly Migratory Species; 2015 Bigeye Tuna Longline Fishery Closure National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; fishery closure. AGENCY: NMFS is closing the U.S. pelagic longline fishery for bigeye tuna in the western and central Pacific Ocean as a result of the fishery reaching the 2015 catch limit. This action is necessary to prevent additional fishing pressure on this fish stock. DATES: Effective August 5, 2015, through December 31, 2015. SUMMARY: 5 See 40 CFR 97.411(c), 97.511(c), 97.611(c), and 97.711(c). PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 44883 Tom Graham, NMFS Pacific Islands Region, 808–725–5032. SUPPLEMENTARY INFORMATION: Pelagic longline fishing in the western and central Pacific Ocean is managed, in part, under the Western and Central Pacific Fisheries Convention Implementation Act (Act). Regulations governing fishing by U.S. vessels in accordance with the Act appear at 50 CFR part 300, subpart O. NMFS established a calendar year 2015 limit of 3,502 metric tons (mt) of bigeye tuna (Thunnus obesus) that may be caught and retained in the U.S. pelagic longline fishery in the area of application of the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Convention Area) (80 FR 43634, July 23, 2015; 50 CFR 300.224). NMFS monitored the retained catches of bigeye tuna using logbook data submitted by vessel captains and other available information, and determined that the 2015 catch limit would be reached by August 5, 2015. In accordance with 50 CFR 300.224(e), this rule serves as advance notification to fishermen, the fishing industry, and the general public that the U.S. longline fishery for bigeye tuna in the Convention Area will be closed during the dates provided in the DATES heading. The fishery is scheduled to reopen on January 1, 2016. This rule does not apply to the longline fisheries of American Samoa, Guam, or the Commonwealth of the Northern Mariana Islands, collectively ‘‘the territories,’’ as described below. During the closure, a U.S. fishing vessel may not retain on board, transship, or land bigeye tuna captured by longline gear in the Convention Area, except that any bigeye tuna already on board a fishing vessel upon the effective date of the restrictions may be retained on board, transshipped, and landed, provided that they are landed within 14 days of the start of the closure, that is, by August 19, 2015. This 14-day landing requirement does not apply to a vessel that has declared to NMFS, pursuant to 50 CFR 665.803(a), that the current trip type is shallow-setting. Longline-caught bigeye tuna may be retained on board, transshipped, and landed if the fish are caught by a vessel with a valid American Samoa longline permit, or landed in the territories. In either case, the following conditions must be met: (1) The fish is not caught in the U.S. Exclusive Economic Zone (EEZ) around Hawaii; (2) Other applicable laws and regulations are followed; and FOR FURTHER INFORMATION CONTACT: E:\FR\FM\28JYR1.SGM 28JYR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 80, Number 144 (Tuesday, July 28, 2015)]
[Rules and Regulations]
[Pages 44882-44883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18516]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 97

[FRL-9931-40-OAR]


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

AGENCY: Environmental Protection Agency (EPA).

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

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SUMMARY: The Environmental Protection Agency (EPA) is providing notice 
of emission allowance allocations to certain units under the new unit 
set-aside (NUSA) provisions of the Cross-State Air Pollution Rule 
(CSAPR) federal implementation plans (FIPs) and is responding to 
objections to preliminary calculations. EPA has completed final 
calculations for the first round of NUSA allowance allocations for the 
2015 compliance year and has posted spreadsheets containing the 
calculations on EPA's Web site. The final allocations are unchanged 
from the preliminary calculations. EPA will record the allocated 
allowances in sources' Allowance Management System (AMS) accounts by 
August 1, 2015.

DATES: July 28, 2015.

FOR FURTHER INFORMATION CONTACT: Questions concerning this action 
should be addressed to Robert Miller at (202) 343-9077 or 
miller.robertl@epa.gov or to Kenon Smith at (202) 343-9164 or 
smith.kenon@epa.gov.

SUPPLEMENTARY INFORMATION: Under the CSAPR FIPs, a portion of each 
state budget for each of the four CSAPR emissions trading programs is 
reserved as a NUSA from which allowances are allocated to eligible 
units through an annual one- or two-round process. In a NODA published 
in the Federal Register on June 1, 2015 (80 FR 30988), EPA described 
the allocation process and provided notice of preliminary calculations 
for the first-round 2015 NUSA allowance allocations. EPA also described 
the process for submitting any objections to the preliminary 
calculations.
    In response to the June 1 NODA, EPA received three timely written 
objections, two late written objections, and several telephone 
inquiries. The objections and inquiries all concerned the question of 
whether EPA is correct to exclude emissions that occurred before a 
unit's monitor certification deadline from the emissions data used to 
calculate the NUSA allowance allocations. As explained below, under the 
regulations such emissions are properly excluded because they are not 
emissions during a ``control period.''
    Under the CSAPR FIPs, an eligible unit's first-round NUSA allowance 
allocation for a given compliance year is generally based on the unit's 
emissions ``during the immediately preceding control period'' (that is, 
the control period in the year before the compliance year).\1\ An 
eligible unit's second-round NUSA allowance allocation for a given

[[Page 44883]]

compliance year is generally based on the positive difference, if any, 
between the unit's emissions ``during such control period'' (that is, 
the control period in the compliance year) and the unit's first-round 
NUSA allocation for the compliance year.\2\ A ``control period'' is 
defined as either a calendar year or a May-September period--for the 
SO2 and NOX annual programs and for the 
NOX ozone season program, respectively--subject in both 
cases to an exclusion, for any given unit, of periods before the unit's 
monitor certification deadline, thereby ensuring that the unit's 
``control periods'' generally represent the periods for which the unit 
must hold CSAPR allowances equal to its emissions.\3\ The emissions 
data used in calculating NUSA allowance allocations under the CSAPR 
FIPs thus properly exclude any emissions occurring before a unit's 
monitor certification deadline because such emissions are not emissions 
``during the immediately preceding control period'' or ``during such 
control period.'' \4\
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    \1\ 40 CFR 97.412(a)(4)(i), 97.512(a)(4)(i), 97.612(a)(4)(i), 
and 97.712(a)(4)(i). First-round NUSA allocations may be affected by 
first-round NUSA over-subscription and rounding.
    \2\ 40 CFR 97.412(a)(9)(i), 97.512(a)(9)(i), 97.612(a)(9)(i), 
and 97.712(a)(9)(i). Second-round NUSA allocations occur only if all 
NUSA allowances were not allocated in the first round and may be 
affected by second-round NUSA over-subscription and rounding.
    \3\ 40 CFR 97.402, 97.502, 97.602, and 97.702 (definitions of 
``control period''); see also 40 CFR 97.406(c)(3), 97.506(c)(3), 
97.606(c)(3), and 97.706(c)(3) (exclusion of periods before monitor 
certification deadline).
    \4\ The CSAPR regulations' exclusion of periods before a unit's 
monitor certification deadline from ``control periods'' is explicit 
with respect to control periods in and after 2015, the first year of 
obligations to hold CSAPR allowances. The regulations' only 
operative references to control periods before 2015 are the 
references in the NUSA allowance allocation provisions to ``the 
immediately preceding control period,'' which, in the context of the 
2015 compliance year, indicate 2014 ``control periods.'' EPA 
interprets the NUSA provisions as intended to operate in the same 
manner in all compliance years and accordingly interprets the 
exclusion of periods before a unit's monitor certification deadline 
as applying to all control periods, including the 2014 ``control 
periods.''
---------------------------------------------------------------------------

    EPA excluded emissions before units' monitor certification 
deadlines from the preliminary calculations of first-round 2015 NUSA 
allowance allocations discussed in the June 1 NODA. In the final 
calculations, EPA has likewise excluded emissions before units' monitor 
certification deadlines and has made no other changes to the data used 
in the preliminary calculations. The final first-round 2015 NUSA 
allowance allocations are therefore unchanged from the preliminary 
calculations.
    The final unit-by-unit data and allowance allocation calculations 
are set forth in Excel spreadsheets titled 
``CSAPR_NUSA_2015_NOx_Annual_1st_Round_Final_Data'', 
``CSAPR_NUSA_2015_NOx_OS_1st_Round_Final_Data'', and 
``CSAPR_NUSA_2015_SO2_1st_Round_Final_Data,'' available on 
EPA's Web site at https://www.epa.gov/crossstaterule/actions.html. The 
three spreadsheets show EPA's final determinations of first-round 2015 
NUSA allocations under the CSAPR NOX annual, NOX 
ozone season, and SO2 (Group 1 and Group 2) trading 
programs, respectively.
    Pursuant to CSAPR's allowance recordation timing requirements, the 
allocated NUSA allowances will be recorded in sources' AMS accounts by 
August 1, 2015. EPA notes that an allocation or lack of allocation of 
allowances to a given unit does not constitute a determination that 
CSAPR does or does not apply to the unit. EPA also notes that NUSA 
allocations are subject to potential correction if a unit to which NUSA 
allowances have been allocated for a given compliance year is not 
actually an affected unit as of January 1 (or May 1 in the case of the 
NOX ozone season program) of the compliance year.\5\
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    \5\ See 40 CFR 97.411(c), 97.511(c), 97.611(c), and 97.711(c).


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(Authority: 40 CFR 97.411(b), 97.511(b), 97.611(b), and 97.711(b).)

    Dated: July 20, 2015.
Reid P. Harvey,
Director, Clean Air Markets Division.
[FR Doc. 2015-18516 Filed 7-27-15; 8:45 am]
BILLING CODE 6560-50-P

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