Allocations of Cross-State Air Pollution Rule Allowances From New Unit Set-Asides for 2017 Control Periods, 7034-7035 [2018-03191]

Download as PDF 7034 Federal Register / Vol. 83, No. 33 / Friday, February 16, 2018 / Notices DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL17–95–000] daltland on DSKBBV9HB2PROD with NOTICES California Public Utilities Commission, Transmission Agency of Northern California, Sacramento Municipal Utility District, M–S–R Public Power Agency, City of Santa Clara, California, State Water Contractors, Modesto Irrigation District, Northern California Power Agency v. Pacific Gas and Electric Company; Notice of Amended Complaint Take notice that on February 7, 2018, pursuant to Rules 212 and 213 of the Rules of Practice and Procedure of Federal Energy Regulatory Commission (Commission), 18 CFR 385.212–.213 (2017), the California Public Utilities Commission, Transmission Agency of Northern California, Sacramento Municipal Utility District, M–S–R Public Power Agency, City of Santa Clara, California, doing business as Silicon Valley Power, State Water Contractors, Modesto Irrigation District, and Northern California Power Agency (collectively, the Californians or Complainants) submitted an amendment to its formal complaint, filed on September 29, 2017, against Pacific Gas and Electric Company (Respondent) to address a change in Commission policy on the evidentiary burden of complainants that occurred after the Californians submitted their September 29, 2017 complaint, as well as to account for tax law changes that took effect on January 1, 2018, all as more fully explained in its amended complaint. Complainants certify that copies of the amended complaint were served upon each person designated on the official service list compiled by the Secretary in this proceeding. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission’s Rules of Practice and Procedure. 18 CFR 385.211, 385.214 (2017). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. The Respondent’s answer and all interventions, or protests, must be filed on or before the comment date. The Respondent’s answer, motions to intervene, and protests must be served on the Complainants. VerDate Sep<11>2014 19:24 Feb 15, 2018 Jkt 244001 The Commission encourages electronic submission of protests and interventions in lieu of paper using the ‘‘eFiling’’ link at https://www.ferc.gov. Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426. This filing is accessible online at https://www.ferc.gov, using the ‘‘eLibrary’’ link and is available for review in the Commission’s Public Reference Room in Washington, DC. There is an ‘‘eSubscription’’ link on the website that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email FERCOnlineSupport@ferc.gov, or call (866) 208–3676 (toll free). For TTY, call (202) 502–8659. Comment Date: 5:00 p.m. Eastern Time on February 27, 2018. Dated: February 12, 2018. Kimberly D. Bose, Secretary. [FR Doc. 2018–03246 Filed 2–15–18; 8:45 am] BILLING CODE 6717–01–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9974–48–OAR] Allocations of Cross-State Air Pollution Rule Allowances From New Unit Set-Asides for 2017 Control Periods Environmental Protection Agency (EPA). ACTION: Notice of data availability. AGENCY: The Environmental Protection Agency (EPA) is providing notice of the availability of data on emission allowance allocations to certain units under the Cross-State Air Pollution Rule (CSAPR) trading programs. EPA has completed calculations for the second round of allocations of allowances from the CSAPR new unit set-asides (NUSAs) for the 2017 control periods to new units and has posted spreadsheets containing the calculations on EPA’s website. In addition to the eligible units identified in the previous notice regarding this round of 2017 NUSA allocations, EPA is allocating allowances to two newly affected units in Wisconsin that were not previously identified as eligible to receive such allocations. EPA has also completed calculations for allocations of the remaining 2017 NUSA allowances to SUMMARY: PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 existing units and has posted spreadsheets containing those calculations on EPA’s website as well. DATES: February 16, 2018. FOR FURTHER INFORMATION CONTACT: Robert Miller at (202) 343–9077 or miller.robertl@epa.gov or Kenon Smith at (202) 343–9164 or smith.kenon@ epa.gov. SUPPLEMENTARY INFORMATION: Under each CSAPR trading program where EPA is responsible for determining emission allowance allocations, a portion of each state’s emissions budget for the program for each control period is reserved in a NUSA (and in an additional Indian country NUSA in the case of states with Indian country within their borders) for allocation to certain units that would not otherwise receive allowance allocations. The procedures for identifying the eligible units for each control period and for allocating allowances from the NUSAs and Indian country NUSAs to these units are set forth in the CSAPR trading program regulations at 40 CFR 97.411(b) and 97.412 (NOX Annual), 97.511(b) and 97.512 (NOX Ozone Season Group 1), 97.611(b) and 97.612 (SO2 Group 1), 97.711(b) and 97.712 (SO2 Group 2), and 97.811(b) and 97.812 (NOX Ozone Season Group 2). Each NUSA allocation process involves up to two rounds of allocations to eligible units, termed ‘‘new’’ units, followed by the allocation to ‘‘existing’’ units of any allowances not allocated to new units. In a notice of data availability (NODA) published in the Federal Register on December 15, 2017 (82 FR 59603), EPA provided notice of our preliminary identification of units eligible to receive second-round NUSA allocations for the 2017 control periods and described the procedure for submitting any objections. In this NODA, we are responding to objections and providing notice of our calculations of the amounts of the second-round 2017 NUSA allocations. EPA received one objection in response to the December 15, 2017 NODA. Madison Gas and Electric Company (MG&E) submitted an objection claiming that units U1 and U2 at the West Campus Cogeneration Facility (WCCF) in Madison, Wisconsin are eligible to receive second-round 2017 NUSA allocations because the units became newly affected units under the CSAPR trading programs as of January 1, 2017. As discussed below, based on the information provided by MG&E we agree that these units are eligible to receive second-round 2017 NUSA allocations and we have therefore included the units when calculating the allocations. E:\FR\FM\16FEN1.SGM 16FEN1 daltland on DSKBBV9HB2PROD with NOTICES Federal Register / Vol. 83, No. 33 / Friday, February 16, 2018 / Notices WCCF units U1 and U2 are fossil fuelfired combustion turbines that began operating in 2005. According to MG&E, through 2015 the units qualified for an exemption from CSAPR applicability that is available to certain cogeneration units, but during 2016 the units no longer met the full set of qualifying conditions for the exemption. Applying the CSAPR definitions and applicability criteria, MG&E concluded that the units would become CSAPR-affected units as of January 1, 2017 and would be deemed to ‘‘commence commercial operation’’ for CSAPR purposes as of that same date.1 These conclusions in turn indicated a deadline of June 30, 2017 (i.e., 180 calendar days after the units’ deemed date of commencement of commercial operation) for MG&E to certify monitoring systems and to begin monitoring the units’ emissions.2 MG&E is required to hold allowances sufficient to cover the units’ reported emissions occurring on and after the units’ monitor certification deadline.3 Under the CSAPR regulations, a newly affected unit is treated as a ‘‘new’’ unit potentially eligible to receive first-round and/or second-round NUSA allocations. As relevant here, a newly affected unit is generally eligible to receive second-round NUSA allocations with respect to its reported emissions occurring on and after its monitor certification deadline in the calendar year in which the unit is deemed to have commenced commercial operation for CSAPR purposes and in the following calendar year.4 EPA did not initially identify WCCF units U1 and U2 as eligible for second-round 2017 NUSA allocations because the monitoring plan MG&E submitted to us for the units included an April 26, 2005 date of commencement of commercial operation, reflecting the units’ actual operating history, rather than the January 1, 2017 deemed date of commencement of commercial operation for CSAPR purposes. Based on the additional information provided by MG&E described above, we are now using the January 1, 2017 deemed date of commencement of commercial operation to evaluate the units’ eligibility, and we consequently have included the units when calculating the second-round 2017 NUSA allocations. The final unit-by-unit data and allowance allocation calculations are set forth in Excel spreadsheets titled 1 See, e.g., 40 CFR 97.404(b)(1)(ii) and 97.402 (definition of ‘‘commence commercial operation’’). 2 See, e.g., 40 CFR 97.430(b). 3 See, e.g., 40 CFR 97.406(c)(3)(i). 4 See, e.g., 40 CFR 97.412(a)(9). VerDate Sep<11>2014 19:24 Feb 15, 2018 Jkt 244001 ‘‘CSAPR_NUSA_2017_NOx_Annual_ 2nd_Round_Final_Data_New_Units’’, ‘‘CSAPR_NUSA_2017_NOx_Ozone_ Season_2nd_Round_Final_Data_New_ Units’’, ‘‘CSAPR_NUSA_2017_SO2_ 2nd_Round_Final_Data_New_Units’’, ‘‘CSAPR_NUSA_2017_NOx_Annual_ 2nd_Round_Final_Data_Existing_ Units’’, ‘‘CSAPR_NUSA_2017_NOx_ Ozone_Season_2nd_Round_Final_Data_ Existing_Units’’, and ‘‘CSAPR_NUSA_ 2017_SO2_2nd_Round_Final_Data_ Existing_Units’’, available on EPA’s website at https://www.epa.gov/csapr/ csapr-compliance-year-2017-nusanodas. 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. We also note that under 40 CFR 97.411(c), 97.511(c), 97.611(c), 97.711(c), and 97.811(c), allocations are subject to potential correction if a unit to which allowances have been allocated for a given control period is not actually an affected unit as of the start of that control period. Authority: 40 CFR 97.411(b), 97.511(b), 97.611(b), 97.711(b), and 97.811(b). Dated: January 25, 2018. Reid P. Harvey, Director, Clean Air Markets Division, Office of Atmospheric Programs, Office of Air and Radiation. [FR Doc. 2018–03191 Filed 2–15–18; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9974–53–ORD; Docket ID No. EPA– HQ–ORD–2017–0747] Availability of the Integrated Risk Information System (IRIS) Assessment Plan for Uranium; correction Environmental Protection Agency (EPA). ACTION: Notice of public comment period; Correction. AGENCY: The Environmental Protection Agency (EPA) announced a 30-day public comment period in the Federal Register of January 31, 2018, associated with the draft IRIS Assessment Plan for Uranium. The announcement contained an incorrect docket number. DATES: The 30-day public comment period began on January 31, 2018, and ends March 2, 2018. Comments must be received on or before March 2, 2018. ADDRESSES: The IRIS Assessment Plan for Uranium, will be available via the internet on IRIS’ website at https:// cfpub.epa.gov/ncea/iris2/ SUMMARY: PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 7035 chemicalLanding.cfm?substance_ nmbr=259 and in the public docket at https://www.regulations.gov, Docket ID: EPA–HQ–ORD–2017–0747. FOR FURTHER INFORMATION CONTACT: For information on the public comment period, contact the ORD Docket at the EPA Headquarters Docket Center; telephone: 202–566–1752; facsimile: 202–566–9744; or email: Docket_ORD@ epa.gov. For technical information on the draft IRIS Assessment Plan for Uranium, contact Dr. James Avery, NCEA; telephone: 202–564–1494; or email: avery.james@epa.gov. SUPPLEMENTARY INFORMATION: I. Correction In the Federal Register of January 31, 2018, in FR Doc. 2018–01915, on page 4479, on the first and third columns, correct the ‘‘For Further Information Contact’’ and ‘‘How To Submit Technical Comments to the Docket at https://www.regulations.gov’’ caption to read: FOR FURTHER INFORMATION CONTACT: For information on the public comment period, contact the ORD Docket at the EPA Headquarters Docket Center; telephone: 202–566–1752; facsimile: 202–566–9744; or email: Docket_ORD@epa.gov. SUPPLEMENTARY INFORMATION: Submit your comments, identified by Docket ID No. EPA–HQ–ORD–2017–0747 for uranium, by one of the following methods: • www.regulations.gov: Follow the on-line instructions for submitting comments. • Email: Docket_ORD@epa.gov. • Fax: 202–566–9744. • Mail: U.S. Environmental Protection Agency, EPA Docket Center (ORD Docket), Mail Code: 28221T, 1200 Pennsylvania Avenue NW, Washington, DC 20460. The phone number is 202– 566–1752. • Hand Delivery: The ORD Docket is located in the EPA Headquarters Docket Center, EPA West Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20229. 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 Public Reading Room is 202–566–1744. Deliveries are only accepted during the docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. If you provide comments by mail or hand delivery, please submit three copies of the comments. For attachments, provide an index, number pages consecutively E:\FR\FM\16FEN1.SGM 16FEN1

Agencies

[Federal Register Volume 83, Number 33 (Friday, February 16, 2018)]
[Notices]
[Pages 7034-7035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03191]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9974-48-OAR]


Allocations of Cross-State Air Pollution Rule Allowances From New 
Unit Set-Asides for 2017 Control Periods

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of data availability.

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

SUMMARY: The Environmental Protection Agency (EPA) is providing notice 
of the availability of data on emission allowance allocations to 
certain units under the Cross-State Air Pollution Rule (CSAPR) trading 
programs. EPA has completed calculations for the second round of 
allocations of allowances from the CSAPR new unit set-asides (NUSAs) 
for the 2017 control periods to new units and has posted spreadsheets 
containing the calculations on EPA's website. In addition to the 
eligible units identified in the previous notice regarding this round 
of 2017 NUSA allocations, EPA is allocating allowances to two newly 
affected units in Wisconsin that were not previously identified as 
eligible to receive such allocations. EPA has also completed 
calculations for allocations of the remaining 2017 NUSA allowances to 
existing units and has posted spreadsheets containing those 
calculations on EPA's website as well.

DATES: February 16, 2018.

FOR FURTHER INFORMATION CONTACT: Robert Miller at (202) 343-9077 or 
[email protected] or Kenon Smith at (202) 343-9164 or 
[email protected].

SUPPLEMENTARY INFORMATION: Under each CSAPR trading program where EPA 
is responsible for determining emission allowance allocations, a 
portion of each state's emissions budget for the program for each 
control period is reserved in a NUSA (and in an additional Indian 
country NUSA in the case of states with Indian country within their 
borders) for allocation to certain units that would not otherwise 
receive allowance allocations. The procedures for identifying the 
eligible units for each control period and for allocating allowances 
from the NUSAs and Indian country NUSAs to these units are set forth in 
the CSAPR trading program regulations at 40 CFR 97.411(b) and 97.412 
(NOX Annual), 97.511(b) and 97.512 (NOX Ozone 
Season Group 1), 97.611(b) and 97.612 (SO2 Group 1), 
97.711(b) and 97.712 (SO2 Group 2), and 97.811(b) and 97.812 
(NOX Ozone Season Group 2). Each NUSA allocation process 
involves up to two rounds of allocations to eligible units, termed 
``new'' units, followed by the allocation to ``existing'' units of any 
allowances not allocated to new units.
    In a notice of data availability (NODA) published in the Federal 
Register on December 15, 2017 (82 FR 59603), EPA provided notice of our 
preliminary identification of units eligible to receive second-round 
NUSA allocations for the 2017 control periods and described the 
procedure for submitting any objections. In this NODA, we are 
responding to objections and providing notice of our calculations of 
the amounts of the second-round 2017 NUSA allocations.
    EPA received one objection in response to the December 15, 2017 
NODA. Madison Gas and Electric Company (MG&E) submitted an objection 
claiming that units U1 and U2 at the West Campus Cogeneration Facility 
(WCCF) in Madison, Wisconsin are eligible to receive second-round 2017 
NUSA allocations because the units became newly affected units under 
the CSAPR trading programs as of January 1, 2017. As discussed below, 
based on the information provided by MG&E we agree that these units are 
eligible to receive second-round 2017 NUSA allocations and we have 
therefore included the units when calculating the allocations.

[[Page 7035]]

    WCCF units U1 and U2 are fossil fuel-fired combustion turbines that 
began operating in 2005. According to MG&E, through 2015 the units 
qualified for an exemption from CSAPR applicability that is available 
to certain cogeneration units, but during 2016 the units no longer met 
the full set of qualifying conditions for the exemption. Applying the 
CSAPR definitions and applicability criteria, MG&E concluded that the 
units would become CSAPR-affected units as of January 1, 2017 and would 
be deemed to ``commence commercial operation'' for CSAPR purposes as of 
that same date.\1\ These conclusions in turn indicated a deadline of 
June 30, 2017 (i.e., 180 calendar days after the units' deemed date of 
commencement of commercial operation) for MG&E to certify monitoring 
systems and to begin monitoring the units' emissions.\2\ MG&E is 
required to hold allowances sufficient to cover the units' reported 
emissions occurring on and after the units' monitor certification 
deadline.\3\
---------------------------------------------------------------------------

    \1\ See, e.g., 40 CFR 97.404(b)(1)(ii) and 97.402 (definition of 
``commence commercial operation'').
    \2\ See, e.g., 40 CFR 97.430(b).
    \3\ See, e.g., 40 CFR 97.406(c)(3)(i).
---------------------------------------------------------------------------

    Under the CSAPR regulations, a newly affected unit is treated as a 
``new'' unit potentially eligible to receive first-round and/or second-
round NUSA allocations. As relevant here, a newly affected unit is 
generally eligible to receive second-round NUSA allocations with 
respect to its reported emissions occurring on and after its monitor 
certification deadline in the calendar year in which the unit is deemed 
to have commenced commercial operation for CSAPR purposes and in the 
following calendar year.\4\ EPA did not initially identify WCCF units 
U1 and U2 as eligible for second-round 2017 NUSA allocations because 
the monitoring plan MG&E submitted to us for the units included an 
April 26, 2005 date of commencement of commercial operation, reflecting 
the units' actual operating history, rather than the January 1, 2017 
deemed date of commencement of commercial operation for CSAPR purposes. 
Based on the additional information provided by MG&E described above, 
we are now using the January 1, 2017 deemed date of commencement of 
commercial operation to evaluate the units' eligibility, and we 
consequently have included the units when calculating the second-round 
2017 NUSA allocations.
---------------------------------------------------------------------------

    \4\ See, e.g., 40 CFR 97.412(a)(9).
---------------------------------------------------------------------------

    The final unit-by-unit data and allowance allocation calculations 
are set forth in Excel spreadsheets titled 
``CSAPR_NUSA_2017_NOx_Annual_2nd_Round_Final_Data_New_Units'', 
``CSAPR_NUSA_2017_NOx_Ozone_Season_2nd_Round_Final_Data_New_Units'', 
``CSAPR_NUSA_2017_SO2_2nd_Round_Final_Data_New_Units'', 
``CSAPR_NUSA_2017_NOx_Annual_2nd_Round_Final_Data_Existing_Units'', 
``CSAPR_NUSA_2017_NOx_Ozone_Season_2nd_Round_Final_Data_Existing_Units''
, and ``CSAPR_NUSA_2017_SO2_2nd_Round_Final_Data_Existing_Units'', 
available on EPA's website at https://www.epa.gov/csapr/csapr-compliance-year-2017-nusa-nodas.
    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. We also note that under 40 CFR 97.411(c), 
97.511(c), 97.611(c), 97.711(c), and 97.811(c), allocations are subject 
to potential correction if a unit to which allowances have been 
allocated for a given control period is not actually an affected unit 
as of the start of that control period.

    Authority: 40 CFR 97.411(b), 97.511(b), 97.611(b), 97.711(b), 
and 97.811(b).

    Dated: January 25, 2018.
Reid P. Harvey,
Director, Clean Air Markets Division, Office of Atmospheric Programs, 
Office of Air and Radiation.
[FR Doc. 2018-03191 Filed 2-15-18; 8:45 am]
BILLING CODE 6560-50-P
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