Federal Register / Vol. 81, No. 221 / Wednesday, November 16, 2016 / Rules and Regulations 80593 

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 program will be renamed the 

CSAPR NOX Ozone Season Group 1 Trading 

Program.) The 2016 allowance allocations described 

in this notice concern the existing program and are 

not affected by the CSAPR Update Rule. 2See 40 CFR 97.511(c). 

received approximately 95,000 

comments on the proposed rule, DEIS, 

and the draft Regulatory Impact 

Analysis. 

The FEIS for the Stream Protection 

Rule analyzes the environmental, 

socioeconomic, and other effects of the 

preferred alternative—Alternative 8, as 

revised—and a reasonable range of other 

alternatives, including a No Action 

Alternative. The FEIS, including 

Alternative 8, has been revised, as 

appropriate, in response to comments 

and other information received on the 

DEIS, proposed rule, and draft 

Regulatory Impact Analysis. It also 

includes the input of cooperating 

agencies. 

Authority: 40 CFR 1506.6, 40 CFR 1506.1 

Dated: November 11, 2016. 

Sterling Rideout, 

Assistant Director, Program Support. 

[FR Doc. 2016–27655 Filed 11–15–16; 8:45 am] 

BILLING CODE 4310–05–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 97 

[FRL–9955–23–OAR] 

Allocations of Cross-State Air 

Pollution Rule Allowances From New 

Unit Set-Asides for the 2016 

Compliance Year 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; notice of data 

availability (NODA). 

SUMMARY: The Environmental Protection 

Agency (EPA) is providing notice of 

emission allowance allocations to 

certain units under the new unit setaside (NUSA) provisions of the CrossState Air Pollution Rule (CSAPR) 

federal implementation plans (FIPs). 

EPA has completed final calculations 

for the second round of NUSA 

allowance allocations for the 2016 

compliance year of the CSAPR NOX

Ozone Season Trading Program. EPA 

has posted spreadsheets showing the 

second-round 2016 NUSA allocations of 

CSAPR NOX Ozone Season allowances 

to new units as well as the allocations 

to existing units of the remaining 

CSAPR NOX Ozone Season allowances 

not allocated to new units in either 

round of the 2016 NUSA allocation 

process. EPA will record the allocated 

CSAPR NOX Ozone Season allowances 

in sources’ Allowance Management 

System (AMS) accounts by November 

15, 2016. 

DATES: November 16, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Questions concerning this action should 

be addressed to Robert Miller at (202) 

343–9077 or miller.robertl@epa.gov or to 

Kenon Smith at (202) 343–9164 or 

smith.kenon@epa.gov. 

SUPPLEMENTARY INFORMATION: Under the 

CSAPR FIPs, a portion of each state 

budget for each of the four CSAPR 

trading programs 1 is reserved as a 

NUSA from which allowances are 

allocated to eligible units through an 

annual one- or two-round process. EPA 

has described the CSAPR NUSA 

allocation process in three NODAs 

previously published this year in the 

Federal Register (81 FR 33636 May 27, 

2016; 81 FR 50630 August 2, 2016; 81 

FR 63156 September 14, 2016). In the 

most recent of these previous NODAs, 

EPA provided notice of preliminary lists 

of new units eligible for second-round 

2016 NUSA allocations of CSAPR NOX

Ozone Season allowances and provided 

an opportunity for the public to submit 

objections. 

EPA received no objections to the 

preliminary lists of new units eligible 

for second-round 2016 NUSA 

allocations of CSAPR NOX Ozone 

Season allowances whose availability 

was announced in the September 14 

NODA. EPA is therefore making secondround 2016 NUSA allocations of CSAPR 

NOX Ozone Season allowances to the 

new units identified on these lists in 

accordance with the procedures set 

forth in 40 CFR 97.512(a)(9) and (12). 

As described in the September 14 

NODA, any allowances remaining in the 

CSAPR NOX Ozone Season NUSA for a 

given state and control period after the 

second round of NUSA allocations to 

new units are to be allocated to the 

existing units in the state according to 

the procedures set forth in 40 CFR 

97.512(a)(10) and (12). EPA has 

determined that CSAPR NOX Ozone 

Season allowances do remain in the 

NUSAs for a number of states following 

completion of second-round 2016 

NUSA allocations; accordingly, EPA is 

allocating these allowances to existing 

units. The NUSA allowances are 

generally allocated to the existing units 

in proportion to the allocations 

previously made to the existing units 

under 40 CFR 97.511(a)(1), adjusted for 

rounding. 

Under 40 CFR 97.512(b)(10), any 

allowances remaining in the CSAPR 

NOX Ozone Season Indian country 

NUSA for a given state and control 

period after the second round of Indian 

country NUSA allocations to new units 

are added to the NUSA for that state or 

are made available for allocation by the 

state pursuant to an approved SIP 

revision. No new units eligible for 

allocations of CSAPR NOX Ozone 

Season allowances from any 2016 

Indian country NUSA have been 

identified, and no state has an approved 

SIP revision governing allocation of 

2016 CSAPR NOX Ozone Season 

allowances. The Indian country NUSA 

allowances are therefore being added to 

the NUSAs for the respective states and 

are included in the pools of allowances 

that are being allocated to existing units 

under 40 CFR 97.512(10) and (12). 

The final unit-by-unit data and 

allowance allocation calculations are set 

forth in Excel spreadsheets titled 

‘‘CSAPR_NUSA_2016_NOx_OS_2nd_

Round_Final_Data_New_Units’’, and 

‘‘CSAPR_NUSA_2016_NOx_OS_2nd_

Round_Final_Data_Existing_Units’’, 

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

www3.epa.gov/airtransport/CSAPR/ 

actions.html. 

Pursuant to CSAPR’s allowance 

recordation timing requirements, the 

allocated NUSA allowances will be 

recorded in sources’ AMS accounts by 

November 15, 2016. 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 NUSA allocations of 

CSAPR NOX Ozone Season allowances 

are subject to potential correction if a 

unit to which NUSA allowances have 

been allocated for a given compliance 

year is not actually an affected unit as 

of May 1 of the compliance year.2

Authority: 40 CFR 97.511(b). 

Dated: November 2, 2016. 

Reid P. Harvey, 

Director, Clean Air Markets Division, Office 

of Atmospheric Programs, Office of Air and 

Radiation. 

[FR Doc. 2016–27541 Filed 11–15–16; 8:45 am] 

BILLING CODE 6560–50–P 

mstockstill on DSK3G9T082PROD with RULES