Notice2023-03989
Allocations of Cross-State Air Pollution Rule Allowances From New Unit Set-Asides for 2022 Control Periods
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 27, 2023
Issuing agencies
Environmental Protection Agency
Abstract
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 preliminary calculations for the allocations of allowances from the CSAPR new unit set-asides (NUSAs) for the 2022 control periods and has posted spreadsheets containing the calculations on EPA's website. EPA will consider timely objections to the preliminary calculations (including objections concerning the identification of units eligible for allocations) before determining the final amounts of the allocations.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 38 (Monday, February 27, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 38 (Monday, February 27, 2023)]
[Notices]
[Pages 12356-12357]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03989]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9542-03-OAR]
Allocations of Cross-State Air Pollution Rule Allowances From New
Unit Set-Asides for 2022 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 preliminary calculations for the
allocations of allowances from the CSAPR new unit set-asides (NUSAs)
for the 2022 control periods and has posted spreadsheets containing the
calculations on EPA's website. EPA will consider timely objections to
the preliminary calculations (including objections concerning the
identification of units eligible for allocations) before determining
the final amounts of the allocations.
DATES: Objections to the information referenced in this notice must be
received on or before March 29, 2023.
ADDRESSES: Submit your objections via email to <a href="/cdn-cgi/l/email-protection#df9c8c9e8f8d9fbaafbef1b8b0a9"><span class="__cf_email__" data-cfemail="a9eafae8f9fbe9ccd9c887cec6df">[email protected]</span></a>. Include
``2022 NUSA allocations'' in the email subject line and include your
name, title, affiliation, address, phone number, and email address in
the body of the email.
FOR FURTHER INFORMATION CONTACT: Questions concerning this action
should be addressed to Jason Kuhns at (202) 564-3236 or
<a href="/cdn-cgi/l/email-protection#5239273a3c217c3833213d3c123722337c353d24"><span class="__cf_email__" data-cfemail="5e352b36302d70343f2d31301e3b2e3f70393128">[email protected]</span></a> or Andrew Reighart at (202) 564-0418 or
<a href="/cdn-cgi/l/email-protection#4230272b252a2330366c232c26302735022732236c252d34"><span class="__cf_email__" data-cfemail="6416010d030c0516104a050a00160113240114054a030b12">[email protected]</span></a>.
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
[[Page 12357]]
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 (NO<INF>X</INF> Annual), 97.511(b) and 97.512
(NO<INF>X</INF> Ozone Season Group 1), 97.611(b) and 97.612
(SO<INF>2</INF> Group 1), 97.711(b) and 97.712 (SO<INF>2</INF> Group
2), 97.811(b) and 97.812 (NO<INF>X</INF> Ozone Season Group 2), and
97.1011(b) and 97.1012 (NO<INF>X</INF> Ozone Season Group 3). Each NUSA
allowance allocation process involves allocations to eligible units,
termed ``new'' units, followed by the allocation to ``existing'' units
of any allowances not allocated to new units.
This notice concerns preliminary calculations for the NUSA
allowance allocations for the 2022 control periods. Generally, the
allocation procedures call for each eligible ``new'' unit to receive a
2022 NUSA allocation equal to its 2022 control period emissions as
reported under 40 CFR part 75 unless the total of such allocations to
all such eligible units would exceed the amount of allowances in the
NUSA, in which case the allocations are reduced on a pro-rata basis.
(EPA notes that, under 40 CFR 97.406(c)(3), 97.506(c)(3), 97.606(c)(3),
97.706(c)(3), 97.806(c)(3), and 97.1006(c)(3), a unit's emissions
occuring before its monitor certification deadline are not considered
to have occurred during a control period and consequently are not
included in the emission amounts used to determine NUSA allocations.)
Any allowances not allocated to eligible ``new'' units are allocated to
the state's ``existing'' units in proportion to such existing units'
previous allocations from the portion of the respective state's
emissions budget for the control period that was not reserved in a NUSA
(or Indian country NUSA).
The detailed unit-by-unit data and preliminary allowance allocation
calculations for ``new'' units are set forth in Excel spreadsheets
titled ``CSAPR_NUSA_2022_NO<INF>X</INF>_Annual_Prelim_Data_New_Units'',
``CSAPR_NUSA_2022_NO<INF>X</INF>_OS_Prelim_Data_New_Units'', and
``CSAPR_NUSA_2022_SO<INF>2</INF>_Prelim_Data_New_Units'', available on
EPA's website at <a href="https://www.epa.gov/csapr/csapr-allowance-allocations#nusa">https://www.epa.gov/csapr/csapr-allowance-allocations#nusa</a>. Each of the spreadsheets contains a separate
worksheet for each state covered by that program showing, for each unit
identified as eligible for a NUSA allocation, (1) the unit's emissions
in the 2022 control period (annual or ozone season as applicable), (2)
the maximum 2022 NUSA allowance allocation for which the unit is
eligible (typically the unit's emissions in the 2022 control period),
(3) various adjustments to the unit's maximum allocation if the NUSA
pool is oversubscribed, and (4) the preliminary calculation of the
unit's 2022 NUSA allowance allocation.
Each state worksheet for ``new'' units also contains a summary
showing (1) the quantity of allowances initially available in that
state's 2022 NUSA, (2) the sum of the 2022 NUSA allowance allocations
that will be made to new units in that state, assuming there are no
corrections to the data, and (3) the quantity of allowances that would
remain in the 2022 NUSA for allocation to existing units, again
assuming there are no corrections to the data.
The preliminary calculations of allocations of the remaining
unallocated allowances to ``existing'' units are set forth in Excel
spreadsheets titled
``CSAPR_NUSA_2022_NO<INF>X</INF>_Annual_Prelim_Data_Existing_Units'',
``CSAPR_NUSA_2022_NO<INF>X</INF>_OS_Prelim_Data_Existing_Units'', and
``CSAPR_NUSA_2022_SO<INF>2</INF>_Prelim_Data_Existing_Units'',
available at the same location.
Objections should be strictly limited to the data and calculations
upon which the NUSA allowance allocations are based and should be
emailed to the address identified in ADDRESSES. Objections must
include: (1) precise identification of the specific data and/or
calculations the commenter believes are inaccurate, (2) new proposed
data and/or calculations upon which the commenter believes EPA should
rely instead to determine allowance allocations, and (3) the reasons
why EPA should rely on the commenter's proposed data and/or
calculations and not the data referenced in this notice.
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, under 40 CFR
97.411(c), 97.511(c), 97.611(c), 97.711(c), 97.811(c), and 97.1011(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),
97.811(b), and 97.1011(b).)
Rona Birnbaum,
Director, Clean Air Markets Division, Office of Atmospheric Programs,
Office of Air and Radiation.
[FR Doc. 2023-03989 Filed 2-24-23; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on February 27, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.