Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Proposed Rules 89035 

1 In the recently finalized Cross-State Air 

Pollution Rule Update for the 2008 Ozone NAAQS 

(CSAPR Update Rule), 81 FR 74504 (October 26, 

2016), EPA is establishing new or modified FIP 

requirements for EGUs in 22 states to address 

transported pollution with regard to the 2008 ozone 

NAAQS, including requirements to participate in a 

new fifth CSAPR trading program—the CSAPR NOX

Ozone Season Group 2 Trading Program—for 

emissions occurring in 2017 and later years. In the 

same rule, EPA is also withdrawing the FIP 

provisions requiring EGUs in 24 states to participate 

in the existing trading program addressing 

transported pollution with regard to the 1997 ozone 

NAAQS for emissions occurring after 2016. (When 

the CSAPR Update rule takes effect in December 

2016, the existing ozone season program will be 

renamed the CSAPR NOX Ozone Season Group 1 

Trading Program.) The 2016 allowance allocations 

described in this document concern the CSAPR 

annual trading programs and are not affected by the 

CSAPR Update Rule. 

2The latest spreadsheet of CSAPR FIP allowance 

allocations to existing units covered by CSAPR NOX

Annual, SO2 Group 1, and SO2 Group 2 Trading 

Programs, updated in 2014 to reflect changes to 

CSAPR’s implementation schedule but with 

allocation amounts unchanged since June 2012, is 

available at https://www.epa.gov/csapr/datechange-affirmation-rules-cross-state-air-pollutionrule-csapr under the ‘‘Notice of Data Availability’’ 

header. See Availability of Data on Allocations of 

Cross-State Air Pollution Rule Allowances to 

Existing Electricity Generating Units, 79 FR 71674 

(December 3, 2014). 

3The NUSA amounts range from two percent to 

eight percent of the respective state budgets. The 

variation in percentages reflects differences among 

states in the quantities of emission allowances 

projected to be required by known new units at the 

time the budgets were set or amended. 

4 81 FR 33636 (May 27, 2016); 81 FR 50630 

(August 2, 2016); 81 FR 63156 (September 14, 

2016); 81 FR 80593 (November 16, 2016). 

5At this time, EPA is not aware of any unit 

eligible for a second-round allocation from any 

Indian country NUSA. 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 97 

[FRL–9956–22–OAR] 

Allocations of Cross-State Air 

Pollution Rule Allowances From New 

Unit Set-Asides for 2016 Control 

Periods 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of data availability 

(NODA). 

SUMMARY: The Environmental Protection 

Agency (EPA) is providing notice of the 

availability of preliminary lists of units 

eligible for allocations of emission 

allowances under the Cross-State Air 

Pollution Rule (CSAPR). Under the 

CSAPR federal implementation plans 

(FIPs), portions of each covered state’s 

annual emissions budgets for each of the 

CSAPR emissions trading programs are 

reserved for allocation to electricity 

generating units that commenced 

commercial operation on or after a 

certain date (new units) and certain 

other units not otherwise obtaining 

allowance allocations under the FIPs. 

The quantities of allowances allocated 

to eligible units from each new unit setaside (NUSA) under the FIPs are 

calculated in an annual one- or tworound allocation process. EPA 

previously completed the first round of 

NUSA allowance allocations for the 

2016 control periods for all the CSAPR 

trading programs, as well as the second 

round of allocations for the CSAPR NOX

Ozone Season Trading Program, and is 

now making available preliminary lists 

of units eligible for allocations in the 

second round of the NUSA allocation 

process for the CSAPR NOX Annual, 

SO2 Group 1, and SO2 Group 2 Trading 

Programs. EPA has posted spreadsheets 

containing the preliminary lists on 

EPA’s Web site. EPA will consider 

timely objections to the lists of eligible 

units contained in the spreadsheets and 

will promulgate a document responding 

to any such objections no later than 

February 15, 2017, the deadline for 

recording the second-round allocations 

of CSAPR NOX Annual, SO2 Group 1, 

and SO2 Group 2 allowances in sources’ 

compliance accounts. This document 

may concern CSAPR-affected units in 

the following states: Alabama, Georgia, 

Illinois, Indiana, Iowa, Kansas, 

Kentucky, Maryland, Michigan, 

Minnesota, Missouri, Nebraska, New 

Jersey, New York, North Carolina, Ohio, 

Pennsylvania, South Carolina, 

Tennessee, Texas, Virginia, West 

Virginia, and Wisconsin. 

DATES: Objections to the information 

referenced in this document must be 

received on or before January 9, 2017. 

ADDRESSES: Submit your objections via 

email to CSAPR_NUSA@epa.gov. 

Include ‘‘2016 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 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 the 

CSAPR FIPs, the mechanisms by which 

initial allocations of emission 

allowances are determined differ for 

‘‘existing’’ and ‘‘new’’ units. For 

‘‘existing’’ units—that is, units 

commencing commercial operation 

before January 1, 2010 for purposes of 

the original four 1 CSAPR trading 

programs—the specific amounts of 

CSAPR FIP allowance allocations for all 

control periods have been established 

through rulemaking. EPA has 

announced the availability of 

spreadsheets showing the CSAPR FIP 

allowance allocations to existing units 

in previous document.2

‘‘New’’ units—that is, units 

commencing commercial operation on 

or after January 1, 2010 for purposes of 

the original four CSAPR trading 

programs—as well as certain older units 

that would not otherwise obtain FIP 

allowance allocations do not have preestablished allowance allocations. 

Instead, the CSAPR FIPs reserve a 

portion of each state’s total annual 

emissions budget for each CSAPR 

emissions trading program as a new unit 

set-aside (NUSA) 3 and establish an 

annual process for allocating NUSA 

allowances to eligible units. States with 

Indian country within their borders 

have separate Indian country NUSAs. 

The annual process for allocating 

allowances from the NUSAs and Indian 

country NUSAs to eligible units is set 

forth in the CSAPR regulations at 40 

CFR 97.411(b) and 97.412 (NOX Annual 

Trading Program), 97.511(b) and 97.512 

(NOX Ozone Season Trading Program), 

97.611(b) and 97.612 (SO2 Group 1 

Trading Program), and 97.711(b) and 

97.712 (SO2 Group 2 Trading Program). 

Each NUSA allowance allocation 

process involves up to two rounds of 

allocations to new units followed by the 

allocation to existing units of any 

allowances not allocated to new units. 

EPA provides public notice at certain 

points in the process. 

EPA has already completed the first 

round of allocations of 2016 NUSA 

allowances for all the CSAPR trading 

programs, as well as the second round 

of 2016 NUSA allocations to units 

subject to the CSAPR Ozone Season 

Trading Program, as announced in 

documents previously published in the 

Federal Register.4 The first and secondround NUSA allocation process was 

discussed in those previous documents. 

This document concerns the second 

round of NUSA allowance allocations 

for the CSAPR NOx Annual, SO2 Group 

1, and SO2 Group 2 Trading Programs 

for the 2016 control period.5

The units eligible to receive secondround NUSA allocations for the CSAPR 

NOX Annual, SO2 Group 1, and SO2

Group 2 Trading Programs are defined 

in §§ 97.411(b)(1)(iii) and 97.412(a)(9)(i), 

97.611(b)(1)(iii) and 97.612(a)(9)(i), and 

97.711(b)(1)(iii) and 97.712(a)(9)(i), 

respectively. Generally, eligible units 

include any CSAPR-affected unit that 

commenced commercial operation 

between January 1 of the year before the 

control period in question and 

November 30 of the year of the control 

period in question. In the case of the 

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89036 Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Proposed Rules 

6The quantities of allowances to be allocated 

through the NUSA allowance allocation process 

may differ slightly from the NUSA amounts set 

forth in §§ 97.410(a), 97.510(a), 97.610(a), and 

97.710(a) because of rounding in the spreadsheet of 

CSAPR FIP allowance allocations to existing units. 7See 40 CFR 97.411(c), 97.611(c), and 97.711(c). 

2016 control period, an eligible unit 

therefore must have commenced 

commercial operation between January 

1, 2015 and November 30, 2016 

(inclusive). 

The total quantity of allowances to be 

allocated through the 2016 NUSA 

allowance allocation process for each 

state and emissions trading program—in 

the two rounds of the allocation process 

combined—is generally the state’s 2016 

emissions budget less the sum of (1) the 

total of the 2016 CSAPR FIP allowance 

allocations to existing units and (2) the 

amount of the 2016 Indian country 

NUSA, if any.6 The amounts of CSAPR 

NOX Annual, SO2 Group 1, and SO2

Group 2 NUSA allowances may be 

increased in certain circumstances as set 

forth in §§ 97.412(a)(2), 97.612(a)(2), 

and 97.712(a)(2), respectively. 

Second-round NUSA allocations for a 

given state, trading program, and control 

period are made only if the NUSA 

contains allowances after completion of 

the first-round allocations. 

The amounts of second-round 

allocations of CSAPR NOX Annual, SO2

Group 1, and SO2 Group 2 allowances 

to eligible new units from each NUSA 

are calculated according to the 

procedures set forth in §§ 97.412(a)(9), 

(10) and (12), 97.612(a)(9), (10), and 

(12), and 97.712(a)(9), (10), and (12), 

respectively. Generally, the procedures 

call for each eligible unit to receive a 

second-round 2016 NUSA allocation 

equal to the positive difference, if any, 

between its emissions during the 2016 

annual control periods (i.e., January 1, 

2016 through December 31, 2016) as 

reported under 40 CFR part 75 and any 

first-round allocation the unit received, 

unless the total of such allocations to all 

eligible units would exceed the amount 

of allowances in the NUSA, in which 

case the allocations are reduced on a 

pro-rata basis. 

Any allowances remaining in the 

CSAPR NOX Annual, SO2 Group 1, or 

SO2 Group 2 NUSA for a given state and 

control period after the second round of 

NUSA allocations to new units will be 

allocated to the existing units in the 

state according to the procedures set 

forth in §§ 97.412(a)(10) and (12), 

97.612(a)(10) and (12), and 97.712(a)(10) 

and (12), respectively. 

EPA notes that an allocation or lack 

of allocation of allowances to a given 

EGU does not constitute a determination 

that CSAPR does or does not apply to 

the EGU. EPA also notes that allocations 

are subject to potential correction if a 

unit to which NUSA allowances have 

been allocated for a given control period 

is not actually an affected unit as of the 

start of that control period.7

The preliminary lists of units eligible 

for second-round 2016 NUSA allowance 

allocations for the three CSAPR annual 

trading programs are set forth in Excel 

spreadsheets titled ‘‘CSAPR_NUSA_

2016_NOX_Annual_2nd_Round_

Prelim_Data,’’ ‘‘CSAPR_NUSA_2016_

SO2_Group_1_2nd_Round_Prelim_

Data,’’ and ‘‘CSAPR_NUSA_2016_SO2_

Group_2_2nd_Round_Prelim_Data’’ 

available on EPA’s Web site at https:// 

www.epa.gov/csapr/csapr-complianceyear-2016-nusa-nodas. Each 

spreadsheet contains a separate 

worksheet for each state covered by that 

program showing each unit 

preliminarily identified as eligible for a 

second-round NUSA allocation. 

Each state worksheet also contains a 

summary showing (1) the quantity of 

allowances initially available in that 

state’s 2016 NUSA, (2) the sum of the 

2016 NUSA allowance allocations that 

were made in the first-round to new 

units in that state (if any), and (3) the 

quantity of allowances in the 2016 

NUSA available for distribution in 

second-round allocations to new units 

(or ultimately for allocation to existing 

units). 

Objections should be strictly limited 

to whether EPA has correctly identified 

the new units eligible for second-round 

2016 NUSA allocations of CSAPR NOX

Annual, SO2 Group 1, and SO2 Group 2 

allowances according to the criteria 

described above and should be emailed 

to the address identified in ADDRESSES. 

Objections must include: (1) Precise 

identification of the specific data the 

commenter believes are inaccurate, (2) 

new proposed data upon which the 

commenter believes EPA should rely 

instead, and (3) the reasons why EPA 

should rely on the commenter’s 

proposed data and not the data 

referenced in this document. 

Authority: 40 CFR 97.411(b), 97.611(b), 

and 97.711(b). 

Dated: December 1, 2016. 

Reid P. Harvey, 

Director, Clean Air Markets Division, Office 

of Atmospheric Programs, Office of Air and 

Radiation. 

[FR Doc. 2016–29441 Filed 12–8–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2014–0008; FRL–9953–69] 

Receipt of Several Pesticide Petitions 

Filed for Residues of Pesticide 

Chemicals in or on Various 

Commodities 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of filing of petitions and 

request for comment. 

SUMMARY: This document announces the 

Agency’s receipt of several initial filings 

of pesticide petitions requesting the 

establishment or modification of 

regulations for residues of pesticide 

chemicals in or on various commodities. 

DATES: Comments must be received on 

or before January 9, 2017. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number and the pesticide petition 

number (PP) of interest as shown in the 

body of this document, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW., Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http:// 

www.epa.gov/dockets/contacts.html. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at http:// 

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Michael L. Goodis, P.E., Registration 

Division (7505P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460–0001; main 

telephone number: (703) 305–7090; 

email address: RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

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