Availability of Data on Allocations of Cross-State Air Pollution Rule Allowances to Existing Electricity Generating Units, 57952-57953 [2023-18214]

Download as PDF 57952 Federal Register / Vol. 88, No. 163 / Thursday, August 24, 2023 / Notices Comment Date: 5 p.m. ET 9/8/23. The filings are accessible in the Commission’s eLibrary system (https:// elibrary.ferc.gov/idmws/search/ fercgensearch.asp) by querying the docket number. Any person desiring to intervene, to protest, or to answer a complaint in any of the above proceedings must file in accordance with Rules 211, 214, or 206 of the Commission’s Regulations (18 CFR 385.211, 385.214, or 385.206) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding. eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at:https://www.ferc.gov/ docs-filing/efiling/filing-req.pdf. For other information, call (866) 208–3676 (toll free). For TTY, call (202) 502–8659. The Commission’s Office of Public Participation (OPP) supports meaningful public engagement and participation in Commission proceedings. OPP can help members of the public, including landowners, environmental justice communities, Tribal members and others, access publicly available information and navigate Commission processes. For public inquiries and assistance with making filings such as interventions, comments, or requests for rehearing, the public is encouraged to contact OPP at (202)502–6595 or OPP@ ferc.gov. Dated: August 18, 2023. Debbie-Anne A. Reese, Deputy Secretary. [FR Doc. 2023–18255 Filed 8–23–23; 8:45 am] BILLING CODE 6717–01–P ENVIRONMENTAL PROTECTION AGENCY [FRL–11350–01–OAR] Availability of Data on Allocations of Cross-State Air Pollution Rule Allowances to Existing Electricity Generating Units Environmental Protection Agency (EPA). ACTION: Notice of data availability. AGENCY: Under the Cross-State Air Pollution Rule (CSAPR) trading program regulations, EPA allocates emission allowances to existing electricity generating units (EGUs) as provided in notices of data availability (NODAs). Through this NODA, EPA is providing notice of the availability of data on new lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:08 Aug 23, 2023 Jkt 259001 or revised default allocations of CSAPR NOX Ozone Season Group 3 allowances to existing units for the 2023–2025 control periods, as well as the data upon which the allocations are based. DATES: August 24, 2023. FOR FURTHER INFORMATION CONTACT: Garrett Powers, Clean Air Markets Division, Office of Atmospheric Protection, Office of Air and Radiation, U.S. Environmental Protection Agency, Mail Code 6204A, 1200 Pennsylvania Avenue NW, Washington, DC 20460; telephone: 202–564–2300; email: powers.jamesg@epa.gov. SUPPLEMENTARY INFORMATION: In the Good Neighbor Plan,1 EPA expanded the CSAPR NOX Ozone Season Group 3 Trading Program 2 to include EGUs in 10 additional states and updated the program’s provisions to achieve further emissions reductions.3 The rule’s required emissions control stringencies are reflected in new or revised state emissions budgets which in turn necessitate new or revised unit-level allowance allocations. Beginning with the 2024 control period, each covered state has the option to determine how the CSAPR NOX Ozone Season Group 3 allowances in its state emissions budget should be allocated among the state’s units through a state implementation plan (SIP) revision.4 However, for the 2023 control period, and by default for subsequent control periods for which a state has not provided EPA with the state’s own allocations pursuant to an approved SIP revision, the unit-level allocations are determined by EPA. Under EPA’s default unit-level allocation methodology for the Good 1 Federal ‘‘Good Neighbor Plan’’ for the 2015 Ozone National Ambient Air Quality Standards, 88 FR 36654 (June 5, 2023). 2 The CSAPR NO Ozone Season Group 3 Trading X Program was originally established in the Revised CSAPR Update (86 FR 23054, April 30, 2021) as a mechanism for EGUs in 12 states to reduce ozone season emissions of nitrogen oxides (NOX) starting in 2021. 3 Some courts have issued preliminary orders partially staying the effectiveness of a separate EPA action (88 FR 9336, February 13, 2023) which disapproves state implementation plans addressing good neighbor obligations for several states, and EPA is taking measures to comply with those orders. The description of the Good Neighbor Plan in this NODA reflects the rule as published, without regard to the stay orders and the measures EPA is taking to comply with them. However, EPA will not record allocations of CSAPR NOX Ozone Season Group 3 allowances to any EGUs that are not currently participating in the CSAPR NOX Ozone Season Group 3 Trading Program because of the measures EPA is taking to comply with the stay orders. Consequently, the spreadsheet referenced in this NODA has been edited to remove information on unit-level allocations of CSAPR NOX Ozone Season Group 3 allowances to units in any state covered by a stay order when the NODA was signed. 4 See 40 CFR 52.38(b)(10) through (12). PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 Neighbor Plan, most EGUs within a covered state’s borders are treated as ‘‘existing’’ units and receive allocations of allowances for a given control period in advance of the control period.5 If any of the existing units are located in areas of Indian country within the state’s borders that are not subject to the state’s SIP authority, the default allocations to those existing units are made through an ‘‘Indian country existing unit set-aside’’ in parallel with the default allocations to the other existing units.6 The EGUs that EPA identified in the rulemaking as eligible to receive default allocations as existing units for the 2023–2025 control periods in the states covered by this NODA are listed in the spreadsheet referenced later in this notice. EGUs located anywhere within a state’s borders that do not receive allocations of CSAPR NOX Ozone Season Group 3 allowances as ‘‘existing’’ units and that report emissions subject to allowance holding requirements for a given control period are eligible to receive allowance allocations as ‘‘new’’ units from the state’s new unit set-aside for that control period.7 EPA determined new and revised state emissions budgets for the 2023– 2025 control periods on a full-season basis in the Good Neighbor Plan rulemaking. However, because the Agency anticipated that the rule’s effective date could fall after the start of the 2023 ozone season, the final regulations include a procedure for prorating the 2023 state emissions budgets to ensure that the enhanced control stringency reflected in the Good Neighbor Plan’s full-season 2023 state emissions budgets will apply only after the rule’s effective date.8 The Good Neighbor Plan provided that the 2023 unit-level allocations would be computed by applying the rule’s unitlevel allocation methodology to the 2023 state emissions budgets determined through the prorating procedure.9 Through this NODA, EPA is providing notice of the availability of data concerning the default unit-level allocations of CSAPR NOX Ozone Season Group 3 allowances to existing units for the 2023, 2024, and 2025 control periods. The allocations are shown in an Excel spreadsheet entitled ‘‘Unit-level Allocations and Underlying Data for the Final Rule’’ posted on 5 See 40 CFR 97.1011. 40 CFR 97.1010(b). 7 See 40 CFR 97.1010(c) and 97.1012. Allocations from a state’s new unit set-aside for a given control period are made after the respective control period and are not addressed in this notice. 8 See 40 CFR 97.1010(a)(1)(ii). 9 See 88 FR 36811–13. 6 See E:\FR\FM\24AUN1.SGM 24AUN1 Federal Register / Vol. 88, No. 163 / Thursday, August 24, 2023 / Notices lotter on DSK11XQN23PROD with NOTICES1 EPA’s website at www.epa.gov/csapr/ good-neighbor-plan-2015-ozone-naaqs. The spreadsheet also contains the data upon which the allocations are based, including the 2023 state emissions budgets that EPA has computed according to the prorating procedure in the regulations. The spreadsheet is an update of an earlier version included in the docket for the final Good Neighbor Plan which showed the allocations for the 2024 and 2025 control periods as well as illustrative allocations for the 2023 control period. All allocations have been determined according to the allocation methodology finalized in the Good Neighbor Plan rulemaking.10 EPA is not requesting comment on the allocations, the underlying data, or the allocation methodology. In accordance with the deadlines set forth in the regulations, EPA will record allocations of CSAPR NOX Ozone Season Group 3 allowances to existing units for the 2023 control period by September 5, 2023.11 EPA will also record allocations to existing units for the 2024 control period by that same date except in instances where a state has provided EPA with timely notice of the state’s intent to submit a SIP revision with state-determined allowance allocations replacing EPA’s default allocations for the 2024 control period.12 However, in the case of any source that has not yet fully complied with the Good Neighbor Plan’s requirements concerning the recall of CSAPR NOX Ozone Season Group 2 allowances allocated for control periods after 2022, recordation of CSAPR NOX Ozone Season Group 3 allowances will be deferred until the source has fully complied with the recall requirements.13 EPA will record allocations of CSAPR NOX Ozone Season Group 3 allowances to existing units for the 2025 control period by July 1, 2024.14 EPA notes that an allocation or lack of allocation of emission allowances to a given unit under a CSAPR trading program does not constitute a determination that the trading program does or does not apply to the unit.15 EPA also notes that allocations are 10 See Allowance Allocation under the Final Rule TSD, EPA–HQ–OAR–2021–0668–1079, available at www.regulations.gov and www.epa.gov/csapr/goodneighbor-plan-2015-ozone-naaqs; see also 88 FR 36805–07. 11 See 40 CFR 97.1021(d) and (g). 12 See 40 CFR 97.1021(e). 13 See 40 CFR 97.1021(m); see also 40 CFR 97.811(e). 14 See 40 CFR 97.1021(f) and (h). 15 See 40 CFR 97.1011(a)(3). VerDate Sep<11>2014 17:08 Aug 23, 2023 Jkt 259001 subject to potential correction or termination under the regulations.16 Authority: 40 CFR 97.1011(a)(1) and (2). Rona Birnbaum, Director, Clean Air Markets Division, Office of Atmospheric Protection, Office of Air and Radiation. [FR Doc. 2023–18214 Filed 8–23–23; 8:45 am] BILLING CODE 6560–50–P 57953 environmental infrastructure needs within the U.S. states contiguous to Mexico. For further information regarding the GNEB meeting, please contact Eugene Green at (202) 564–2432 or via email at green.eugene@epa.gov. Dated: August 18, 2023. Eugene Green, Program Analyst. [FR Doc. 2023–18265 Filed 8–23–23; 8:45 am] ENVIRONMENTAL PROTECTION AGENCY BILLING CODE 6560–50–P [FRL–11116–01–OMS] EXPORT-IMPORT BANK Good Neighbor Environmental Board [Public Notice: EIB–2023–0011] Environmental Protection Agency (EPA). ACTION: Notice of meeting. Application for Final Commitment for a Long-Term Loan or Financial Guarantee in Excess of $100 Million: AP755224XX AGENCY: Under the Federal Advisory Committee Act, the Environmental Protection Agency (EPA) gives notice of a public meeting of the Good Neighbor Environmental Board (GNEB). The purpose of this meeting is for the board to continue developing its working draft of the 20th comprehensive report on water and wastewater infrastructure issues and challenges along the U.S.Mexico border region. DATES: September 21, 2023, from 9:00 a.m.–5:00 p.m. (PDT). A copy of the agenda will be posted at www.epa.gov/ faca/gneb. The meeting will be conducted in a hybrid environment and is open to the public with limited access available on a first-come, first-served basis. Members of the public wishing to participate should contact Eugene Green at green.eugene@epa.gov by September 14th. Requests to make oral comments or submit written public comments to the board, should also be directed to Eugene Green at least five business days prior to the meeting. Requests for accessibility and/or accommodations for individuals with disabilities should be directed to Eugene Green at the email address or phone number listed below. To ensure adequate time for processing, please make requests for accommodations at least 10 days prior to the meeting. SUPPLEMENTARY INFORMATION: The GNEB is an independent federal advisory committee chartered under the Federal Advisory Committee Act, Public Law 92–463. Its mission is to advise the President and Congress of the United States on good neighbor practices along the U.S. border with Mexico. Its recommendations are focused on SUMMARY: 16 See PO 00000 40 CFR 97.1011(c). Frm 00031 Fmt 4703 Sfmt 4703 Export-Import Bank of the United States. ACTION: Notice. AGENCY: This Notice is to inform the public the Export-Import Bank of the United States (‘‘EXIM’’) has received an application for final commitment for a long-term loan or financial guarantee in excess of $100 million. Comments received within the comment period specified below will be presented to the EXIM Board of Directors prior to final action on this Transaction. DATES: Comments must be received on or before September 18, 2023 to be assured of consideration before final consideration of the transaction by the Board of Directors of EXIM. ADDRESSES: Comments may be submitted through Regulations.gov at WWW.REGULATIONS.GOV. To submit a comment, enter EIB–2023–0011 under the heading ‘‘Enter Keyword or ID’’ and select Search. Follow the instructions provided at the Submit a Comment screen. Please include your name, company name (if any) and EIB–2023– 0011 on any attached document. SUPPLEMENTARY INFORMATION: Reference: AP755224XX. Purpose and Use: Brief description of the purpose of the transaction: The construction of bridges and associated infrastructure at 186 sites, distributed throughout eighteen provinces in Angola. Brief non-proprietary description of the anticipated use of the items being exported: This project will repair and modernize water crossings to improve the quality of life, increase productivity, and facilitate economic development in Angola. Due to this project, many Angolans will no longer have to rely on SUMMARY: E:\FR\FM\24AUN1.SGM 24AUN1

Agencies

[Federal Register Volume 88, Number 163 (Thursday, August 24, 2023)]
[Notices]
[Pages 57952-57953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18214]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-11350-01-OAR]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of data availability.

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SUMMARY: Under the Cross-State Air Pollution Rule (CSAPR) trading 
program regulations, EPA allocates emission allowances to existing 
electricity generating units (EGUs) as provided in notices of data 
availability (NODAs). Through this NODA, EPA is providing notice of the 
availability of data on new or revised default allocations of CSAPR 
NOX Ozone Season Group 3 allowances to existing units for 
the 2023-2025 control periods, as well as the data upon which the 
allocations are based.

DATES: August 24, 2023.

FOR FURTHER INFORMATION CONTACT: Garrett Powers, Clean Air Markets 
Division, Office of Atmospheric Protection, Office of Air and 
Radiation, U.S. Environmental Protection Agency, Mail Code 6204A, 1200 
Pennsylvania Avenue NW, Washington, DC 20460; telephone: 202-564-2300; 
email: [email protected].

SUPPLEMENTARY INFORMATION: In the Good Neighbor Plan,\1\ EPA expanded 
the CSAPR NOX Ozone Season Group 3 Trading Program \2\ to 
include EGUs in 10 additional states and updated the program's 
provisions to achieve further emissions reductions.\3\ The rule's 
required emissions control stringencies are reflected in new or revised 
state emissions budgets which in turn necessitate new or revised unit-
level allowance allocations. Beginning with the 2024 control period, 
each covered state has the option to determine how the CSAPR 
NOX Ozone Season Group 3 allowances in its state emissions 
budget should be allocated among the state's units through a state 
implementation plan (SIP) revision.\4\ However, for the 2023 control 
period, and by default for subsequent control periods for which a state 
has not provided EPA with the state's own allocations pursuant to an 
approved SIP revision, the unit-level allocations are determined by 
EPA.
---------------------------------------------------------------------------

    \1\ Federal ``Good Neighbor Plan'' for the 2015 Ozone National 
Ambient Air Quality Standards, 88 FR 36654 (June 5, 2023).
    \2\ The CSAPR NOX Ozone Season Group 3 Trading 
Program was originally established in the Revised CSAPR Update (86 
FR 23054, April 30, 2021) as a mechanism for EGUs in 12 states to 
reduce ozone season emissions of nitrogen oxides (NOX) 
starting in 2021.
    \3\ Some courts have issued preliminary orders partially staying 
the effectiveness of a separate EPA action (88 FR 9336, February 13, 
2023) which disapproves state implementation plans addressing good 
neighbor obligations for several states, and EPA is taking measures 
to comply with those orders. The description of the Good Neighbor 
Plan in this NODA reflects the rule as published, without regard to 
the stay orders and the measures EPA is taking to comply with them. 
However, EPA will not record allocations of CSAPR NOX 
Ozone Season Group 3 allowances to any EGUs that are not currently 
participating in the CSAPR NOX Ozone Season Group 3 
Trading Program because of the measures EPA is taking to comply with 
the stay orders. Consequently, the spreadsheet referenced in this 
NODA has been edited to remove information on unit-level allocations 
of CSAPR NOX Ozone Season Group 3 allowances to units in 
any state covered by a stay order when the NODA was signed.
    \4\ See 40 CFR 52.38(b)(10) through (12).
---------------------------------------------------------------------------

    Under EPA's default unit-level allocation methodology for the Good 
Neighbor Plan, most EGUs within a covered state's borders are treated 
as ``existing'' units and receive allocations of allowances for a given 
control period in advance of the control period.\5\ If any of the 
existing units are located in areas of Indian country within the 
state's borders that are not subject to the state's SIP authority, the 
default allocations to those existing units are made through an 
``Indian country existing unit set-aside'' in parallel with the default 
allocations to the other existing units.\6\ The EGUs that EPA 
identified in the rulemaking as eligible to receive default allocations 
as existing units for the 2023-2025 control periods in the states 
covered by this NODA are listed in the spreadsheet referenced later in 
this notice. EGUs located anywhere within a state's borders that do not 
receive allocations of CSAPR NOX Ozone Season Group 3 
allowances as ``existing'' units and that report emissions subject to 
allowance holding requirements for a given control period are eligible 
to receive allowance allocations as ``new'' units from the state's new 
unit set-aside for that control period.\7\
---------------------------------------------------------------------------

    \5\ See 40 CFR 97.1011.
    \6\ See 40 CFR 97.1010(b).
    \7\ See 40 CFR 97.1010(c) and 97.1012. Allocations from a 
state's new unit set-aside for a given control period are made after 
the respective control period and are not addressed in this notice.
---------------------------------------------------------------------------

    EPA determined new and revised state emissions budgets for the 
2023-2025 control periods on a full-season basis in the Good Neighbor 
Plan rulemaking. However, because the Agency anticipated that the 
rule's effective date could fall after the start of the 2023 ozone 
season, the final regulations include a procedure for prorating the 
2023 state emissions budgets to ensure that the enhanced control 
stringency reflected in the Good Neighbor Plan's full-season 2023 state 
emissions budgets will apply only after the rule's effective date.\8\ 
The Good Neighbor Plan provided that the 2023 unit-level allocations 
would be computed by applying the rule's unit-level allocation 
methodology to the 2023 state emissions budgets determined through the 
prorating procedure.\9\
---------------------------------------------------------------------------

    \8\ See 40 CFR 97.1010(a)(1)(ii).
    \9\ See 88 FR 36811-13.
---------------------------------------------------------------------------

    Through this NODA, EPA is providing notice of the availability of 
data concerning the default unit-level allocations of CSAPR 
NOX Ozone Season Group 3 allowances to existing units for 
the 2023, 2024, and 2025 control periods. The allocations are shown in 
an Excel spreadsheet entitled ``Unit-level Allocations and Underlying 
Data for the Final Rule'' posted on

[[Page 57953]]

EPA's website at www.epa.gov/csapr/good-neighbor-plan-2015-ozone-naaqs. 
The spreadsheet also contains the data upon which the allocations are 
based, including the 2023 state emissions budgets that EPA has computed 
according to the prorating procedure in the regulations. The 
spreadsheet is an update of an earlier version included in the docket 
for the final Good Neighbor Plan which showed the allocations for the 
2024 and 2025 control periods as well as illustrative allocations for 
the 2023 control period. All allocations have been determined according 
to the allocation methodology finalized in the Good Neighbor Plan 
rulemaking.\10\ EPA is not requesting comment on the allocations, the 
underlying data, or the allocation methodology.
---------------------------------------------------------------------------

    \10\ See Allowance Allocation under the Final Rule TSD, EPA-HQ-
OAR-2021-0668-1079, available at www.regulations.gov and 
www.epa.gov/csapr/good-neighbor-plan-2015-ozone-naaqs; see also 88 
FR 36805-07.
---------------------------------------------------------------------------

    In accordance with the deadlines set forth in the regulations, EPA 
will record allocations of CSAPR NOX Ozone Season Group 3 
allowances to existing units for the 2023 control period by September 
5, 2023.\11\ EPA will also record allocations to existing units for the 
2024 control period by that same date except in instances where a state 
has provided EPA with timely notice of the state's intent to submit a 
SIP revision with state-determined allowance allocations replacing 
EPA's default allocations for the 2024 control period.\12\ However, in 
the case of any source that has not yet fully complied with the Good 
Neighbor Plan's requirements concerning the recall of CSAPR 
NOX Ozone Season Group 2 allowances allocated for control 
periods after 2022, recordation of CSAPR NOX Ozone Season 
Group 3 allowances will be deferred until the source has fully complied 
with the recall requirements.\13\ EPA will record allocations of CSAPR 
NOX Ozone Season Group 3 allowances to existing units for 
the 2025 control period by July 1, 2024.\14\
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    \11\ See 40 CFR 97.1021(d) and (g).
    \12\ See 40 CFR 97.1021(e).
    \13\ See 40 CFR 97.1021(m); see also 40 CFR 97.811(e).
    \14\ See 40 CFR 97.1021(f) and (h).
---------------------------------------------------------------------------

    EPA notes that an allocation or lack of allocation of emission 
allowances to a given unit under a CSAPR trading program does not 
constitute a determination that the trading program does or does not 
apply to the unit.\15\ EPA also notes that allocations are subject to 
potential correction or termination under the regulations.\16\
---------------------------------------------------------------------------

    \15\ See 40 CFR 97.1011(a)(3).
    \16\ See 40 CFR 97.1011(c).
---------------------------------------------------------------------------

    Authority: 40 CFR 97.1011(a)(1) and (2).

Rona Birnbaum,
Director, Clean Air Markets Division, Office of Atmospheric Protection, 
Office of Air and Radiation.
[FR Doc. 2023-18214 Filed 8-23-23; 8:45 am]
BILLING CODE 6560-50-P
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