Availability of Data on Allocations of Cross-State Air Pollution Rule Allowances to Existing Electricity Generating Units, 67190-67191 [2016-23434]

Download as PDF 67190 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations Dated: September 19, 2016. Robert A. Kaplan, Acting Regional Administrator, Region 5. 2. In § 52.770 the table in paragraph (c) is amended by adding an entry under ‘‘Article 5. Opacity Regulations’’ ‘‘Rule 1. Opacity Limitations’’ for 5–1–8 in numerical order to read as follows: ■ PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 40 CFR part 52 is amended as follows: 1. The authority citation for part 52 continues to read as follows: ■ § 52.770 Authority: 42 U.S.C. 7401 et seq. * Identification of plan. * * (c) * * * * * EPA-APPROVED INDIANA REGULATIONS Indiana citation Indiana effective date Subject * * * EPA approval date * Notes * * * * 9/30/2016, [insert Federal Register citation]. * * * * * Article 5. Opacity Regulations Rule 1. Opacity Limitations * 5–1–8 ........................ * * Site-specific temporary alternate opacity limitations. * * * * * * * * [FR Doc. 2016–23296 Filed 9–29–16; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 97 [EPA–HQ–OAR–2015–0500; FRL–9953–30– OAR] Availability of Data on Allocations of Cross-State Air Pollution Rule Allowances to Existing Electricity Generating Units Environmental Protection Agency (EPA). ACTION: Final rule; notice of data availability (NODA). AGENCY: Under the Cross-State Air Pollution Rule (CSAPR) trading program regulations, the EPA allocates emission allowances to existing electricity generating units (EGUs) as provided in a notice of data availability (NODA). In the CSAPR Update promulgated earlier this year, the EPA finalized default allocations of CSAPR NOX Ozone Season Group 2 allowances for the control periods in 2017 and subsequent years to existing EGUs in 22 eastern states for which the EPA finalized Federal Implementation Plans (FIPs)— Alabama, Arkansas, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Mississippi, Missouri, New Jersey, New York, Ohio, Oklahoma, Pennsylvania, Tennessee, asabaliauskas on DSK3SPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 18:28 Sep 29, 2016 Jkt 238001 * 12/6/2014 * Texas, Virginia, West Virginia, and Wisconsin. Through this NODA, the EPA is providing notice of the availability of data on these allowance allocations to existing units, as well as the data upon which the allocations are based. DATES: September 30, 2016. FOR FURTHER INFORMATION CONTACT: Questions concerning this notice should be addressed to Michael Cohen, at (202) 343–9497 or cohen.michael@epa.gov; or Robert Miller, at (202) 343–9077 or miller.robertl@epa.gov. The mailing address for each of these individuals is U.S. Environmental Protection Agency, Clean Air Markets Division, MC 6204M, 1200 Pennsylvania Avenue NW., Washington, DC 20460. SUPPLEMENTARY INFORMATION: The CSAPR allowance trading programs require affected EGUs to hold emission allowances sufficient to cover their emissions of nitrogen oxides (NOX) and/ or sulfur dioxide in each control period. In the CSAPR Update for the 2008 ozone National Ambient Air Quality Standards (NAAQS), the EPA established new emissions budgets for ozone season NOX emissions in 2017 and subsequent years for 22 eastern states and promulgated FIP provisions requiring affected EGUs in those states to participate in the CSAPR NOX Ozone Season Group 2 Trading Program.1 Beginning with the 2018 control period, each covered state 1 See Cross-State Air Pollution Rule Update for the 2008 Ozone NAAQS (September 7, 2016), available at https://www.epa.gov/airmarkets/finalcross-state-air-pollution-rule-update. PO 00000 Frm 00100 Fmt 4700 Sfmt 4700 generally has the option to determine how the CSAPR NOX Ozone Season Group 2 allowances in its state emissions budget should be allocated among the state’s EGUs through a State Implementation Plan (SIP) revision.2 However, for the 2017 control period, and by default for subsequent control periods in situations where a state has not provided the EPA with the state’s own allocations pursuant to an approved SIP revision, the allocations are made by the EPA. In the case of units that commenced commercial operations before January 1, 2015, termed ‘‘existing’’ units for purposes of this trading program, the EPA determined default allocations for all control periods in the CSAPR Update rulemaking, according to a methodology finalized in the rulemaking but not included in the regulatory text.3 Through this NODA, the EPA is providing notice of the availability of unit-level default allocations of CSAPR NOX Ozone Season Group 2 allowances for EGUs that commenced commercial operation before January 1, 2015, as required by the CSAPR regulations.4 The data are contained in an Excel spreadsheet titled ‘‘Unit-Level Allocations and Underlying Data for the 2 See 40 CFR 52.38 and 52.39. CSAPR Allowance Allocations Final Rule TSD, available at https://www.epa.gov/airmarkets/ final-cross-state-air-pollution-rule-update. 4 See 40 CFR 97.811(a)(1). The approach of allocating emission allowances to existing EGUs as provided in a NODA was established in the original CSAPR and was unchanged in the CSAPR Update. See, e.g., 40 CFR 97.511(a)(1). 3 See E:\FR\FM\30SER1.SGM 30SER1 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations CSAPR Update for the 2008 Ozone NAAQS’’ that is included in the docket for the CSAPR Update final rule and has been posted on the EPA’s Web site at https://www.epa.gov/airmarkets/finalcross-state-air-pollution-rule-update. The spreadsheet contains the default allocations of allowances for each control period starting with 2017. For EGUs in all covered states except Arkansas, the unit-level allocations in the spreadsheet are the same for each year. For EGUs in Arkansas, the unitlevel allocations for many EGUs are higher for the 2017 control period because Arkansas’ 2017 ozone season NOX emissions budget is higher than its emissions budget for the control period in 2018 and subsequent years. The spreadsheet also contains the data used to compute the allocations and describes how the computations are performed. The EPA is not requesting comment on the allocations, underlying data, or allocation methodology. The EPA notes that an allocation or lack of allocation of emission allowances to a given EGU does not constitute a determination that CSAPR does or does not apply to the EGU.5 The EPA also notes that allocations are subject to potential correction under the rule.6 In accordance with the allowance recordation deadlines set forth in the regulations, the EPA will record allocations of CSAPR NOX Ozone Season Group 2 allowances to existing units for the 2017 control period by January 3, 2017 (the first business day after January 1, 2017).7 The EPA will also record allocations for the 2018 control period by that same date except in instances where a state has provided the EPA with timely notice of the state’s intent to submit a SIP revision with state-determined allowance allocations replacing the EPA’s default allocations for the 2018 control period.8 For units commencing commercial operation on or after January 1, 2015, termed ‘‘new’’ units for purposes of the CSAPR NOX Ozone Season Group 2 Trading Program, the EPA’s default allocations for each control period are annually determined during and after the control period based on current and prior year emission data, using a methodology set out in the regulatory text.9 Dated: September 22, 2016. Reid P. Harvey, Director, Clean Air Markets Division. [FR Doc. 2016–23434 Filed 9–29–16; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 435 [EPA–HQ–OW–2016–0598; FRL–9953–26– OW] RIN 2040–AF68 Effluent Limitations Guidelines and Standards for the Oil and Gas Extraction Point Source Category— Implementation Date Extension Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: The Environmental Protection Agency (EPA) is taking direct final action to extend the implementation deadline for certain facilities subject to the final rule establishing pretreatment standards under the Clean Water Act (CWA) for discharges of pollutants into publicly owned treatment works (POTWs) from onshore unconventional oil and gas (UOG) extraction facilities (81 FR 41845; June 28, 2016). EPA is making this revision in response to new information suggesting that there are likely facilities subject to the final rule not presently meeting the zero discharge requirements in the final rule. DATES: This direct final rule is effective on November 29, 2016 without further notice, unless EPA receives adverse comment by October 31, 2016. If EPA receives adverse comment, we will SUMMARY: publish a timely withdrawal in the Federal Register informing the public that the direct final rule will not take effect. Submit your comments, identified by Docket ID No. [EPA–HQ– OW–2016–0598], at http:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: For more information, see EPA’s Web site: https://www.epa.gov/eg/ unconventional-oil-and-gas-extractioneffluent-guidelines. For technical information, contact Karen Milam, Engineering and Analysis Division (4303T), Office of Water, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001; telephone: 202–566–1915; email: milam.karen@epa.gov. SUPPLEMENTARY INFORMATION: ADDRESSES: I. Does this action apply to me? Entities potentially regulated by this final action include: North American Industry Classification System (NAICS) code Example of regulated entity Industry ................................................ Industry ................................................ asabaliauskas on DSK3SPTVN1PROD with RULES Category Crude Petroleum and Natural Gas Extraction .................................................. Natural Gas Liquid Extraction ........................................................................... II. Why is EPA issuing a direct final rule? EPA is publishing this direct final rule without a prior proposed rule 5 See 6 See 40 CFR 97.811(a)(1). 40 CFR 97.811(c). VerDate Sep<11>2014 18:28 Sep 29, 2016 because we view this as a noncontroversial action and anticipate no adverse comment. This direct final rule merely extends the implementation 7 See 8 See Jkt 238001 PO 00000 40 CFR 97.821(a). 40 CFR 52.38(b)(7) and 97.821(b). Frm 00101 Fmt 4700 Sfmt 4700 67191 211111 211112 deadline for existing onshore UOG extraction facilities that were discharging to POTWs on or between the date of the Federal Register Notice 9 See E:\FR\FM\30SER1.SGM 40 CFR 97.812. 30SER1

Agencies

[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)]
[Rules and Regulations]
[Pages 67190-67191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23434]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 97

[EPA-HQ-OAR-2015-0500; FRL-9953-30-OAR]


Availability of Data on Allocations of Cross-State Air Pollution 
Rule Allowances to Existing Electricity Generating Units

AGENCY: Environmental Protection Agency (EPA).

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

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SUMMARY: Under the Cross-State Air Pollution Rule (CSAPR) trading 
program regulations, the EPA allocates emission allowances to existing 
electricity generating units (EGUs) as provided in a notice of data 
availability (NODA). In the CSAPR Update promulgated earlier this year, 
the EPA finalized default allocations of CSAPR NOX Ozone 
Season Group 2 allowances for the control periods in 2017 and 
subsequent years to existing EGUs in 22 eastern states for which the 
EPA finalized Federal Implementation Plans (FIPs)--Alabama, Arkansas, 
Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, 
Michigan, Mississippi, Missouri, New Jersey, New York, Ohio, Oklahoma, 
Pennsylvania, Tennessee, Texas, Virginia, West Virginia, and Wisconsin. 
Through this NODA, the EPA is providing notice of the availability of 
data on these allowance allocations to existing units, as well as the 
data upon which the allocations are based.

DATES: September 30, 2016.

FOR FURTHER INFORMATION CONTACT: Questions concerning this notice 
should be addressed to Michael Cohen, at (202) 343-9497 or 
cohen.michael@epa.gov; or Robert Miller, at (202) 343-9077 or 
miller.robertl@epa.gov. The mailing address for each of these 
individuals is U.S. Environmental Protection Agency, Clean Air Markets 
Division, MC 6204M, 1200 Pennsylvania Avenue NW., Washington, DC 20460.

SUPPLEMENTARY INFORMATION: The CSAPR allowance trading programs require 
affected EGUs to hold emission allowances sufficient to cover their 
emissions of nitrogen oxides (NOX) and/or sulfur dioxide in 
each control period. In the CSAPR Update for the 2008 ozone National 
Ambient Air Quality Standards (NAAQS), the EPA established new 
emissions budgets for ozone season NOX emissions in 2017 and 
subsequent years for 22 eastern states and promulgated FIP provisions 
requiring affected EGUs in those states to participate in the CSAPR 
NOX Ozone Season Group 2 Trading Program.\1\ Beginning with 
the 2018 control period, each covered state generally has the option to 
determine how the CSAPR NOX Ozone Season Group 2 allowances 
in its state emissions budget should be allocated among the state's 
EGUs through a State Implementation Plan (SIP) revision.\2\ However, 
for the 2017 control period, and by default for subsequent control 
periods in situations where a state has not provided the EPA with the 
state's own allocations pursuant to an approved SIP revision, the 
allocations are made by the EPA.
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    \1\ See Cross-State Air Pollution Rule Update for the 2008 Ozone 
NAAQS (September 7, 2016), available at https://www.epa.gov/airmarkets/final-cross-state-air-pollution-rule-update.
    \2\ See 40 CFR 52.38 and 52.39.
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    In the case of units that commenced commercial operations before 
January 1, 2015, termed ``existing'' units for purposes of this trading 
program, the EPA determined default allocations for all control periods 
in the CSAPR Update rulemaking, according to a methodology finalized in 
the rulemaking but not included in the regulatory text.\3\ Through this 
NODA, the EPA is providing notice of the availability of unit-level 
default allocations of CSAPR NOX Ozone Season Group 2 
allowances for EGUs that commenced commercial operation before January 
1, 2015, as required by the CSAPR regulations.\4\ The data are 
contained in an Excel spreadsheet titled ``Unit-Level Allocations and 
Underlying Data for the

[[Page 67191]]

CSAPR Update for the 2008 Ozone NAAQS'' that is included in the docket 
for the CSAPR Update final rule and has been posted on the EPA's Web 
site at https://www.epa.gov/airmarkets/final-cross-state-air-pollution-rule-update. The spreadsheet contains the default allocations of 
allowances for each control period starting with 2017. For EGUs in all 
covered states except Arkansas, the unit-level allocations in the 
spreadsheet are the same for each year. For EGUs in Arkansas, the unit-
level allocations for many EGUs are higher for the 2017 control period 
because Arkansas' 2017 ozone season NOX emissions budget is 
higher than its emissions budget for the control period in 2018 and 
subsequent years. The spreadsheet also contains the data used to 
compute the allocations and describes how the computations are 
performed. The EPA is not requesting comment on the allocations, 
underlying data, or allocation methodology.
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    \3\ See CSAPR Allowance Allocations Final Rule TSD, available at 
https://www.epa.gov/airmarkets/final-cross-state-air-pollution-rule-update.
    \4\ See 40 CFR 97.811(a)(1). The approach of allocating emission 
allowances to existing EGUs as provided in a NODA was established in 
the original CSAPR and was unchanged in the CSAPR Update. See, e.g., 
40 CFR 97.511(a)(1).
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    The EPA notes that an allocation or lack of allocation of emission 
allowances to a given EGU does not constitute a determination that 
CSAPR does or does not apply to the EGU.\5\ The EPA also notes that 
allocations are subject to potential correction under the rule.\6\
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    \5\ See 40 CFR 97.811(a)(1).
    \6\ See 40 CFR 97.811(c).
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    In accordance with the allowance recordation deadlines set forth in 
the regulations, the EPA will record allocations of CSAPR 
NOX Ozone Season Group 2 allowances to existing units for 
the 2017 control period by January 3, 2017 (the first business day 
after January 1, 2017).\7\ The EPA will also record allocations for the 
2018 control period by that same date except in instances where a state 
has provided the EPA with timely notice of the state's intent to submit 
a SIP revision with state-determined allowance allocations replacing 
the EPA's default allocations for the 2018 control period.\8\
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    \7\ See 40 CFR 97.821(a).
    \8\ See 40 CFR 52.38(b)(7) and 97.821(b).
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    For units commencing commercial operation on or after January 1, 
2015, termed ``new'' units for purposes of the CSAPR NOX 
Ozone Season Group 2 Trading Program, the EPA's default allocations for 
each control period are annually determined during and after the 
control period based on current and prior year emission data, using a 
methodology set out in the regulatory text.\9\
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    \9\ See 40 CFR 97.812.

    Dated: September 22, 2016.
Reid P. Harvey,
Director, Clean Air Markets Division.
[FR Doc. 2016-23434 Filed 9-29-16; 8:45 am]
 BILLING CODE 6560-50-P